Consumer complaint received 2023-09-22
Company: Experian Information Solutions Inc.
State: KY
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Public record information inaccurate

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, KY XXXX ( XXXX ) XXXX ( Use only to resolve the matter ) Email : XXXX XXXX XXXX, XXXX Experian XXXX XXXX XXXX. 
XXXX XXXX, CA XXXX Notice of Intent to File Lawsuit Effective Date : XX/XX/XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE PRINCIPAL IS NOTICE TO AGENT RE : Notice of Intent to File Lawsuit for Re-Age Account Violations Dear XXXX XXXX, I am writing to bring to your attention a matter of great concern regarding my account XXXX with Child Support Nebraska . It has come to my attention that there have been serious violations of my rights under the Fair Debt Collection Practices Act ( FDCPA ) and FCRA. I trust that your commitment to legal compliance and ethical conduct will prompt a swift and amicable resolution to this matter. This letter of intent to sue shall serve as a formal notice that XXXX XXXX XXXXXXXX XXXX intends to commence a lawsuit against XXXX XXXX, XXXX of Experian due to the following reason. 
Firstly, my records indicate that the original date of opening the account was XX/XX/XXXX. However, it has come to my attention that the account has been inaccurately re-aged, potentially resulting in the reporting of outdated and misleading information. I have attached my Affidavit of Truth and Facts with Exhibits A-E, and settlement offer for the 16 years of reporting violations that your company failed to correct. 
1. Re-Aging Information Violations : Violation : Altering original delinquency dates to extend the reporting period.

Legal Citation : FCRA Section 605 ( a ) ( 5 ) 2. Outdated Information Violations : Violation : Reporting accounts or negative information that exceeds the permissible reporting period.

Legal Citation : FCRA Section 605 ( a ) 3. Inadequate Investigation Violations : Violation : Failing to conduct a proper reinvestigation in response to a consumer dispute.

Legal Citation : FCRA Section 611 ( a ) ( 1 ) ( A ) 4. Misleading Information Violations : Violation : Reporting accounts with inaccurate payment history or balances.

Legal Citation : FCRA Section 607 ( b ) 5. Improper Validation of Date of First Delinquency Violations : Violation : Reporting the date of first delinquency inaccurately.

Legal Citation : FCRA Section 623 ( a ) ( 5 ) 6. Lack of Proper Procedures for Inaccurate Information Violations : Violation : Failing to implement and maintain proper procedures for accurate reporting. 
Legal Citation : FCRA Section 607 ( b ) Given the severity of these violations, I demand the following actions be taken within 5 days from the receipt of this letter.

1. Violation of the Fair Credit Reporting Act ( FCRA ) : I assert that there have been apparent violations of the FCRA in connection with the handling of my consumer credit information. Specifically, the re-aging of an account and the dissemination of inaccurate information have potentially resulted in violations of the FCRA 's provisions for accurate and timely credit reporting. Such actions are deemed unlawful under federal law and have caused direct harm to my credit standing.

2. Violation of the Fair Debt Collection Practices Act ( FDCPA ) : In addition to the FCRA violations, I allege that actions undertaken by the involved parties may constitute violations of the FDCPA. The act of re-aging an account and subsequently pursuing collection activities using misleading information could be construed as unfair, deceptive, and harassing practices under the FDCPA. Such actions are unacceptable under federal law and have caused undue emotional distress and financial harm. 

Given the gravity of the aforementioned violations and the resulting damages, I demand the following : 1. Immediate Removal of Re-aged Account : I demand that you promptly and permanently removed any re-aged information related to the debt in question from my consumer credit reports. This is crucial to rectify the harm caused by inaccurate, outdated, and potentially damaging information. 
2. Written Acknowledgment and Liability : I require a written acknowledgment of the violations that have occurred and a clear statement of your intention to rectify these breaches of the law. I also, request that your agency acknowledges and takes responsibility for any violations of the FCRA or any other applicable consumer protection laws that may have occurred in connection with the re-aging of the account. I also hold the involved parties liable for any resulting financial losses, emotional distress, and legal fees incurred due to the violations.

3. Compensation for Damages : I demand compensation for the damages incurred as a direct result of the violations, inaccuracies, and resulting emotional distress. This compensation should cover all financial losses suffered, emotional distress, or harm suffered as a result of the inaccurate reporting and potential violations incurred during the pursuit of this matter. 
a ) Economic Damages : I have incurred financial losses due to your re-aging of the debt, and reporting outdated and misleading information, including increased interest rates and diminished credit opportunities. I demand compensation for these economic damages, amounting to {>= $1,000,000}. 
b ) Emotional Distress Damages : Your actions have caused me significant emotional distress, XXXX, and loss of ability to perform tasks, and physical illness. I demand compensation for the emotional harm I have endured as a result of your illegal practices, amounting to {>= $1,000,000}. 
c ) Statutory Damages : Pursuant to applicable laws, I am entitled to statutory damages, which I demand in the amount of {$5000.00}. 
Total Damages : {$3.00} 4. Comprehensive Compliance Review : I insist on a comprehensive review of your procedures to ensure that the aforementioned violations are corrected, and that future compliance with all applicable laws and regulations is ensured. I request written documentation detailing the steps taken to rectify this situation and prevent any future recurrence. 
I require your written response within 10 days from the date of this letter. Your response should include your written acknowledgment, settlement payment, the specific actions you will take to address the violations, inaccuracies, and damages outlined above, and a clear timeline for implementing these actions. Please be advised that should I fail to receive a satisfactory response within the specified timeframe, I will be left with no alternative but to pursue all available legal remedies to protect my rights and seek redress for the violations and damages I have suffered.

Thank you for your prompt attention to this matter. I expect that your commitment to legal compliance and ethical conduct will guide your actions in ensuring a fair and equitable resolution. 
Sincerely, XXXX XXXXXXXX XXXX XXXX Enclosures : [ Settlement Invoice and Affidavit of Truth and Facts with Exhibits ]

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