Consumer complaint received 2023-09-26
Company: Experian Information Solutions Inc.
State: MS
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:
It has come to my attention that a bankruptcy entry has been included on my consumer credit report maintained by EXPERIAN. I want to bring to your attention that this entry is not only factually incorrect and has multiple discrepancies but it is also a blatant violation of my rights under various federal statutes. 

In XXXX, I sent a letter to Experian regarding the XXXX  XXXX bankruptcy that is listed on my consumer report asking Experian to properly investigate and verify the bankruptcy. They sent me a letter stating that the information was verified and accurate. 

On XX/XX/XXXX, I sent a letter to the courthouse asking do they report bankruptcies to the credit reporting agencies and I received a letter from the courthouse on XX/XX/XXXX stating " THEY DO NOT report any bankruptcies to anybody! '' So if that's the case, how did the credit reporting agencies verify the bankruptcy as 100 % ACCURATE. They never did a fair investigation according to the 15 USC 1681. 

I sent another letter on XX/XX/XXXXXXXX  with the letter from the courthouse attached stating that THEY DO NOT report any bankruptcies to anybody. Experian sent me another letter stating that information was verified and accurate. 

There are discrepancies in the reporting this XXXX  XXXX bankruptcy on my consumer report. I believe these discrepancies are in violation of consumer protection laws. 

Below, I have outlined the specific discrepancies and errors I have identified : 1. Inaccurate Filing Dates : On my XXXX credit report, the XXXX  XXXX bankruptcy filing date is listed as XX/XX/XXXX. 
On my Experian credit report, the XXXX  XXXX bankruptcy filing date is listed as XX/XX/XXXX. 
On my XXXX credit report, the XXXX  XXXX bankruptcy filing date is listed as XX/XX/XXXX. 

2. Incorrect Reference Numbers : The reference numbers associated with the XXXX  XXXX bankruptcy differ across all three credit reports. On XXXX, it is listed as XXXX, on Experian as XXXX, and on XXXX XXXX. 

3. Discrepancies in Court Names : The court name associated with the bankruptcy also varies among the credit reports. On XXXX, it is listed as FEDERAL, on Experian as US BKPT CT XXXX XXXX and on XXXX as U.S. BANKRUPTCY COURT. 

4. Inconsistent Closing Dates : The closing date of the XXXX  XXXX bankruptcy case is reported differently on each credit report. On XXXX, it is listed as - ( There is NO date listed ), on Experian as XX/XX/XXXX, and on XXXX as XX/XX/XXXX. 

I have attached copies of my credit reports highlighting these discrepancies for your reference. 

I believe this listing is in direct violation of several federal laws, including 15 USC 1681 Permissible Purpose, the Fair Debt Collection Practices Act ( FDCPA ), the Fair Credit Reporting Act ( FCRA ), and the Consumer Financial Protection Act ( CFPA ), among others. 

15 USC 1681 Permissible Purpose : The listing of bankruptcy on my consumer credit report has been reported without a permissible purpose as defined under 15 USC 1681b. I have not provided any authorization for this information to be disclosed to third parties for the purpose of credit reporting. 

Fair Debt Collection Practices Act ( FDCPA ) : The inclusion of this inaccurate bankruptcy entry constitutes an unfair and deceptive practice under the FDCPA, which prohibits the reporting of false or misleading information. This violation is particularly concerning as it has the potential to adversely affect my creditworthiness and overall financial well-being. 

Fair Credit Reporting Act ( FCRA ) : The inaccurate reporting of the bankruptcy entry violates my rights under the FCRA, which mandates the accuracy and integrity of the information provided by credit reporting agencies. This erroneous entry has the potential to harm my creditworthiness and ability to secure credit. 

Consumer Financial Protection Act ( CFPA ) : The inclusion of inaccurate information on my consumer credit report, especially a bankruptcy entry, may constitute an abusive and unfair practice under the CFPA. This is particularly concerning given the potential for significant financial harm. 

Other Applicable Federal Laws : In addition to the afore mentioned violations, it is likely that the inclusion of this inaccurate bankruptcy entry also violates other federal laws and regulations pertaining to consumer rights, privacy, and accurate reporting. 

I demand that you promptly investigate this matter and take immediate action to rectify the inaccuracies in my consumer credit report. Specifically, I am requesting the following actions : Verification of the Accuracy : Provide documented proof of the accuracy and permissible purpose of reporting the bankruptcy entry on my consumer credit report. 

Removal of Inaccurate Information : If it is determined that the bankruptcy entry is indeed inaccurate or reported without a permissible purpose, I insist on its immediate removal from my consumer credit report. 

Written Confirmation : Provide written confirmation of the actions taken to rectify this situation, including the removal of the inaccurate bankruptcy entry, within 30 days of the receipt of this letter. 

They also violated my rights numerous times. 

The credit reporting agency violated my given rights under 15 USC 1681.

According to : 15 USC 1681 section 602 A. stated I have the right to privacy.

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

According to : 15 USC 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe the information is inaccurate. 

Please be aware that my rights under federal law are well-defined, and I am prepared to take further legal action if necessary to protect my rights and ensure compliance. I trust that you will treat this matter with the utmost urgency and seriousness it deserves.

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