Consumer complaint received 2023-11-01
Company: Experian Information Solutions Inc.
State: MI
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:
On or around XXXX XX/XX/XXXX I filed two ( XXXX ) CFPB complaints against XXXX XXXX because XXXX XXXX XXXX has never corrected its records regarding misapplication of a payment that led an account to be charged-off in early XXXX : XXXX and XXXX. Unfortunately XXXX XXXX has closed these complaints out claiming they are " duplicate '' complaints from a complaint they responded to in XXXX of XXXX : XXXX. A consumer will file additional complaints if the issue remains unresolved an account ( s ) /tradeline ( s ) continue to be reported without maximum possible accuracy. XXXX XXXX 's closure of the complaints implies that it is both familiar with the issue presented in my complaints. That is, XXXX XXXX is aware they are furnishing the CRAs inaccurate information that alleges the last payment for the account was made on or around XXXX XX/XX/XXXX, when a payment made on or around XXXX XX/XX/XXXX was misapplied causing the account to be charged-off. XXXX XXXX own records and notifications ( in attached docs ) clearly show the application of a XXXX dollar payment to the wrong account and the CO that resulted. Thus XXXX XXXX knows or has reasonable cause to believe they information they continue to furnish to the CRAs is false/misleading/inaccurate. To try and resolve the matter XXXX XXXX paid off the account in XXXX or XXXX of XXXX to stop any future reporting. Nevertheless, XXXX XXXX failed to correct the payment history for the prior months. While Experian removed the false/misleading payment history for the months preceding charge-off, Experian has left the XXXX annotations and payment history that XXXXXXXX XXXX reported until it was paid in XX/XX/XXXX or XX/XX/XXXX because XXXX XXXX continues to verify the account XXXX accurate as reported '' to Experian. Thus, the remedies have been at best partial and the information that persists for this account/tradeline is false/misleading/inaccurate ( see XXXX v. XXXX Fed. XXXX. Bank, quoting XXXX XXXX XXXX XXXX that is referenced in XXXX XXXX XXXX , Inc. , 954 F.3d 938, 943 ( 6th Cir. 2020 ) ) and is patently unverifiable. By continuing to furnish the C/O narratives and C/O payment history to Experian, or any CRA, XXXX XXXX continues to engage in unfair practices under CFPA 1036 ( a ) ( 1 ) ( B ) / 12 U.S.C. 5536 ( A ) ( 1 ) ( B ) and unlawful practices under 12 CFR 1026.13 because the misapplication of payment was not reasonably avoidable by me. XXXX XXXX misapplication of payment on its own has caused me harm. The harm is compunded by the fact that XXXX XXXX then failed to apply a forbearance and/or deferment correctly leading their accounting system to mark payments as " late '' during periods when XXXX XXXX billing system failed to generate bills which itself is a serious violation of 12 CFR Part 1026 TILA ( Reg. Z ) Even under the Section E.1 of the XXXX XXXX XXXX was required to send those billing statements during periods of deferment/forbearance. At this point I have cause to sue XXXX XXXX under 15 U.S. Code 1681s2 for damages to recover direct losses, indirect losses, and emotional damage that has resulted due to XXXX XXXX continued willful negligence. All I am asking is for XXXX XXXX to cease furnishing and/or verifying the the CO payment XXXX to any and all CRAs, and to cease furnishing and/or verifying any/and all derogatory narratives to any CRA XXXX XXXX has supplied information for this account/tradeline.

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