Consumer complaint received 2023-12-10
Company: Experian Information Solutions Inc.
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
Re : Dispute of Inaccurate Information on Credit Report ( Report # XXXX ) I hope this letter finds you well. I recently conducted a thorough review of my credit profile with Experian, and identified several inaccuracies, incomplete entries and/or instances of illegal reporting of information, including Un-Verified accounts. Pursuant to the Fair Credit Reporting Act ( FCRA ), specifically Section 611 ( 5 ) ( A ) you are mandated to promptly DELETE any information that is inaccurate, incomplete, or can not be verified.

Upon further examination of my credit report, I discovered violations of the FCRA, particularly in the reporting of transactions or experiences between me and the reporting entities. This directly contravenes the FCRA, as outlines in 15 USC 1681a 2 ( A ) ( i ). Congress explicitly states that such transactional history, reflecting late payments, should not be included in consumer reports.

I hereby assert that Experian is in CLEAR VIOLATION of the FCRA, infringing upon my rights.

The specific sections of the FCRA that have been breached include but are not limited to : 15 USC 1681 Section 602 states that I have the right to privacy.

15 USC 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions.

15 USC 1666b : A creditor may not treat a payment on a credit card as late for ANY purpose Pursuant 15 USC 1681a 2 ( A ) ( i ) Exclusions Except as provided in paragraph ( 3 ), the term consumer report does NOT include : ( A ) Subject to section 1681s-3 of this title, ( i ) Any report containing information solely as to transactions or experiences between the consumer and the person making the report ; The Law Clearly States : Transactions between the consumer ( ME ) and the person/company ( Creditor ) making the report is NOT INCLUDED on my consumer report. A late payment is a transactional history, My History with the creditor. CONGRESS clearly states that the reporting of transactions or experiences between the consumer and the person making the report is not included in the consumer reports.

EXPERIAN ( the consumer reporting agency ) have VIOLATED the FCRA 15USC 1681a 2Ai by reporting these transactions and experiences, reflected as late payments on my consumer report which CONGRESS clearly states IS NOT included in my consumer report.

Experian is hereby PUT ON NOTICE that the reporting of my transactions or experiences with these accounts is a DIRECT VIOLATION of the Fair Credit Reporting Act 15 USC 1681a 2Ai and this constitutes to inaccurate reporting. The continued reporting of this inaccurate information is a clear violation of the law and your responsibility to ensure accuracy of the information being reported in my consumer report. Failure to respond satisfactory and make the updates with the deletion of the above transaction/late payments, will result in legal actions being taken against your company, for which I will also be seeking Actual Damages as a result of your FAILURE to comply with the law including conduct a reasonable reinvestigation to ensure the maximum accuracy of whats being furnished on my consumer report., and the section of the Fair Credit Reporting Act for the following violations : All Actual Damages, Negligent Non-Compliance, Civil Liability, Mental Anguish, Defamation of Character and Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance 616. Civil Liability for willful noncompliance. 


The alleged creditors and account details, along with the reported late payments, are as follows : XXXX. XXXX XXXX ( Account XXXX : XXXX ) 30 days past due for XXXX XXXX 60 days past due for XX/XX/XXXX Wrongfully billed XXXX. XXXX XXXX ( Account XXXX : XXXX ) 30 days late for XX/XX/XXXX and 30 days late for XX/XX/XXXX Wrongfully billed XXXX. XXXX XXXX XXXX ( Account Number : XXXX ) 30 days late for XX/XX/XXXX Wrongfully billed I demand an immediate investigation into these accounts, with a correction to the transaction/payment history to reflect Paid As Agreed and Never Late ( PAANL ). 

By the provisions of the Fair Credit Reporting Act and per the standards of reporting compliance implemented with the XXXX enacted XXXX XXXX XXXX Compliance regulations, I insist on the immediate and permanent removal of all late payments associated with these accounts to avoid further persecution from the Federal Trade Commission. 

Moreover, I request Experian to provide with proof of these alleged late payments, as well as a detailed description of the reasonable procedures conducted along with the business name, address and telephone number during the reinvestigation process involved in determining the completed maximum accuracy of the reported information. Can you provide me with the tracking number of the periodic statement that was mailed or delivered 21 days before my payment due date along with all the information required by section XXXX ( b )? 


Cease and Desist Request : I also hereby request that Experian cease and desist from reporting any information related to the alleged late payments mentioned above until a thorough and accurate investigation is completed. Failure to comply with this cease-and-desist request XXXX result in further legal action. 

I also request a written confirmation of the resolution demonstrating your compliance with all FCRA and Metro 2 Reporting requirements. Additionally, I request a free copy of my UPDATED credit report and credit score, reflecting the accurate payment history for the disputed accounts on my consumer report mailed to my address on file. In addition, please also send notices of corrections to anyone who received my credit report in the past six months.

Thank you for your prompt attention to this matter. I anticipate your cooperation in resolving these issues and ensuring the accuracy of my credit information. I trust that you will handle this matter with the utmost urgency and seriousness. Failure to comply may result in legal actions seeking actual damages for FCRA violations. 


With Great Sincerity, 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