Consumer complaint received 2023-04-06
Company: Experian Information Solutions Inc.
State: AR
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Unable to get your credit report or credit score
Sub-issue: Other problem getting your report or credit score

Complaint:
Hello, I am writing this dispute to request enforcement of the legal provisions that were violated by the creditors listed below. These violations have had a profound impact on my life, causing me significant emotional distress and financial hardship. 

Creditor : XXXX XXXX XXXX Account Number : XXXX According to all three credit bureaus, I was reported as being 120 days late on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX, despite not missing any payments on this account. XXXX and Experian both show a monthly payment balance of {$0.00}, but XXXX did not report this information. Furthermore, XXXX and Experian show a balance of {$21000.00}, but XXXX reports a balance of {$21000.00}. Lastly, XXXX 's last reported date is XX/XX/XXXX, but Experian and XXXX 's last reported dates are XX/XX/XXXX and XX/XX/XXXX, respectively. 

These actions by the creditor violate the following provisions of federal law : Fair Credit Reporting Act ( FCRA ) Section 623 ( a ) ( 1 ) ( A ) : Creditors must report accurate and complete information to credit bureaus. 
Section 623 ( a ) ( 1 ) ( B ) : Creditors must notify credit bureaus of any corrections to inaccurate information.

Section 623 ( a ) ( 2 ) : Creditors must investigate disputes about inaccurate information and correct errors as necessary. 
Truth in Lending Act ( TILA ) Section 128 : Creditors must provide accurate and transparent disclosures about loan terms, fees, and servicing practices to consumers. 
Section 129 : Consumers have the right to rescind certain types of loans within a specified period of time. 
Real Estate Settlement Procedures Act ( RESPA ) Section 2605 : Servicers must respond to requests for information and complaints from borrowers in a timely manner. 
Section 2605 ( e ) : Servicers must correct errors related to borrower accounts and respond to written requests from borrowers for information. 
Fair Credit Billing Act ( FCBA ) Section 1666 : Creditors must promptly investigate and correct billing errors and unauthorized charges on consumer accounts. 
These violations have caused me great distress, as I have been unfairly penalized for a delinquency that did not occur. The inaccurate information on my credit report has impacted my ability to secure loans, employment, and housing. It has caused significant financial hardship and has taken a toll on my mental and emotional well-being. 

XXXX XXXX XXXX XXXX regarding my account number XXXX. According to all three bureaus, I was reported as 60 days late on XX/XX/XXXX, even though I did not miss any payment on this account. Additionally, XXXX and Experian show a balance of {$110.00}, while XXXX shows a balance of {$150.00}. Furthermore, Experian mentioned the payment status is due 120 days, but I never received any notification from them regarding this due 120 days account, and they never provided any paperwork with me. The other two bureaus did not report any negative information on my account. 

These actions by XXXX XXXX XXXX XXXX are in direct violation of the Fair Credit Reporting Act ( FCRA ), specifically Sections 623 ( a ) ( 1 ) ( A ) and 623 ( a ) ( 2 ), which require creditors to report accurate and complete information to credit bureaus and investigate disputes about inaccurate information and correct errors as necessary. Furthermore, these actions may also be in violation of the Truth in Lending Act ( TILA ), specifically Section 128, which requires creditors to provide accurate and transparent disclosures about loan terms, fees, and servicing practices to consumers. Additionally, the Real Estate Settlement Procedures Act ( RESPA ), specifically Sections 2605 and 2605 ( e ), may have also been violated as XXXX  XXXX XXXX XXXX did not respond to my requests for information and complaints in a timely manner and did not correct errors related to my account or respond to my written requests for information. 

Specifically, I would like to highlight the following violations of the Fair Credit Reporting Act ( FCRA ) and Fair Debt Collection Practices Act ( FDCPA ) : Section 623 ( a ) ( 1 ) ( A ) : Creditors must report accurate and complete information to credit bureaus. 
Section 623 ( a ) ( 2 ) : Creditors must investigate disputes about inaccurate information and correct errors as necessary. 
Section 809 ( a ) : Debt collectors must send a written notice to consumers within five days of their initial communication about the debt, which includes the amount of the debt and the name of the creditor to whom the debt is owed. 
One of my creditors, XXXX with account number XXXX, has reported an unpaid status to XXXX without providing any notification or paperwork to me. However, the other two credit bureaus have not reported any negative information regarding this account. This is a clear violation of the FCRA, as creditors must report accurate and complete information to all three credit bureaus. 

In addition, another creditor, XXXX XXXX with account number XXXX, has reported inaccurate information to all three credit bureaus. According to their reports, I was 60 days late on XX/XX/XXXX and 30 days late on XX/XX/XXXX, even though I never missed any payments on this account. Furthermore, the balance reported by Experian and XXXX is different from the balance reported by XXXX. Experian also mentioned a due status of 120 days, which I never received any notification or paperwork about. These inaccuracies are a clear violation of the FCRA, and creditors must investigate and correct any errors as necessary. 

In particular, the account with XXXX ( account number : XXXX ) has been reported as charged off by Experian and XXXX, but I have never received any notification regarding this charge off account. Furthermore, they have failed to provide me with any paperwork or documentation regarding the account, while one bureau did not report any negative information on the account. Additionally, there are discrepancies between the reported balances and dates across the bureaus, which adds to the confusion. 

This inaccurate reporting is in violation of several laws, including the Fair Credit Reporting Act ( FCRA ) and the Truth in Lending Act ( TILA ). Specifically, the creditors have violated Section 623 ( a ) ( 1 ) ( A ) of the FCRA, which requires them to report accurate and complete information to credit bureaus, as well as Section 623 ( a ) ( 2 ), which mandates that creditors investigate disputes about inaccurate information and correct errors as necessary. Moreover, Section 623 ( a ) ( 5 ) requires creditors to delete information that is inaccurate, incomplete, or can not be verified. The creditors have also violated Section 128 of TILA, which requires them to provide accurate and transparent disclosures about loan terms, fees, and servicing practices to consumers. 

The creditor 's failure to provide me with a notice or paperwork related to the charge off account is a potential violation of the Fair Debt Collection Practices Act ( FDCPA ), specifically Section 809 ( a ), which requires debt collectors to send a written notice to consumers within five days of their initial communication about the debt, including the amount of the debt and the name of the creditor to whom the debt is owed. 

XXXX XXXX XXXX : XXXX shows a monthly payment of {$0.00}, but Experian and XXXX did not report it. XXXX also shows a high credit balance of {$440.00}, but Experian and XXXX did not report it. All three bureaus show the payment status as charge off, but I never received any notification from them regarding this charge off account, and they never provided me with any paperwork. XXXX shows the last active date as XX/XX/XXXX, but Experian is XX/XX/XXXX, and XXXX was XX/XX/XXXX. 
These creditors have violated the following provisions of the FCRA : Section 623 ( a ) ( 1 ) ( A ) : Creditors must report accurate and complete information to credit bureaus. 
Section 623 ( a ) ( 2 ) : Creditors must investigate disputes about inaccurate information and correct errors as necessary. 
Section 623 ( a ) ( 5 ) : Creditors must delete information that is inaccurate, incomplete, or can not be verified. 
Furthermore, the creditor 's failure to provide me with a notice or paperwork related to the charge off account could be a potential violation of the Fair Debt Collection Practices Act ( FDCPA ), specifically Section 809 ( a ), which states that debt collectors must send a written notice to consumers within five days of their initial communication about the debt, which includes the amount of the debt and the name of the creditor to whom the debt is owed. 

This inaccurate and incomplete information on my credit report has had a significant impact on my life. It has made it difficult for me to obtain loans, credit cards, and even housing. I have been denied credit and suffered from higher interest rates, which has resulted in financial strain and added stress. 

I request that these unverified accounts be removed from my credit report as soon as possible. I also request that the CFPB enforce the legal provisions of the FCRA and FDCPA to hold these creditors accountable for their violations and to prevent future harm to consumers. 

Thank you for your attention to this matter. 

Sincerely, 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