Consumer complaint received 2023-03-25
Company: Experian Information Solutions Inc.
State: LA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
Experian XXXX XXXX XXXX XXXX TX XXXX Re : IMPROPER USE OF MY CONSUMER REPORT To Whom it may concern : Pursuant to 15 U.S. Code 1681i ( 1 ) ( A ) ( B ) ( C ) this is not another dispute or opportunity for you to reinvestigate a previous dispute. The allowable period to conduct such a reinvestigation has expired and shall not be extended by law.

Firstly, and foremost, I am a consumer as defined under 15 USC 1681a ( c ). The term Consumer means an individual. 

I have filed several disputes with Experian concerning the XXXX XXXX account reporting on my consumer file. I want this account DELETED due to the following FCRA violations by Experian. 
1. According to the provisions of the Fair Credit Reporting Act Section 611 ( a ) [ 15 USC 1681i ( a ) ], this disputed item should have been reinvestigated or deleted from my credit record within 15 days. If you had conducted a proper and legal reinvestigation your company should have removed this account from my credit report during the investigation period.

2. Experian violated the FCRA Section 607 ( b ) and 15 U.S. Code 1681e ( b ) by failure to use reasonable procedures to ensure maximum accuracy. Experian was also required by the FCRA to conduct its own independent investigation.

3. Experian violated 15 U.S. Code 6801 regarding the protection of nonpublic personal information. Experian must have documentation from XXXX XXXX allowing me to opt out of my personal information being reported to a nonaffiliated third party prior to them reporting it to Experian. 

4. Experian violated 15 U.S. Code 6802 with respect to disclosures. XXXX XXXX  must show that they had my written permission to share my nonpublic personal information with Experian. 

5. I also requested that Experian provide me as the consumer with the findings of their independent investigation. According to the FCRA Experian is required to conduct a reasonable reinvestigation of disputed information per 15 U.S.C. 1681 et seq. Section 604 of the FCRA. ACDV form is not sufficient as per the above sited laws. 

6. On XXXX XXXX, The Eleventh Circuit Court of Appeals ruled that CRAs ( Experian ) can not only use ACDV forms to verify consumer disputes. The Court stated that ACDV forms are not deemed as a reasonable investigation as a matter of law. 

7. Experian merely send consumer disputes to data furnishers for investigation ( ACDV FORM ). Experian then engages in PARROTING, a practice of blindly adopting the response of a data furnisher without conducting any independent investigation. This is a FCRA violation. 
8. These violations are undeniable proof that Experian is engaging in fraudulent, deceptive, and unfair business practices by violating the FCRA, FACTA, and The Comprehensive Consumer Credit Reporting Reform Act of 2016. 

9. Experian has failed to meet its statutory obligations and is knowingly and willfully providing false, inaccurate, incomplete, and misleading information on my consumer report. This has resulted in damage to my reputation, character, and credit worthiness. 

1. Experian is not conducting proper reinvestigations of consumer disputes as mandated by the FCRA because Experian is violating the FCRA Section 607 ( b ) and 15 U.S. Code 1681e ( b ) by failure to use reasonable procedures to ensure maximum accuracy. 

XXXX XXXX XXXX XXXX XXXX United States Court of Appeals, Third Circuit. XXXX. Decided : XX/XX/XXXX, states when a CRA ( Credit Reporting Agency ) receives a dispute from a consumer they have to go beyond the original source of the information to meet the maximal accuracy standard of the FCRA. In a reinvestigation of the accuracy of credit reports [ pursuant to 1681i ( a ) ], a credit bureau must bear some responsibility for evaluating the accuracy of information obtained from subscribers. Id. ( citing XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX, XXXX ( XXXX ) ). 

Experian prepares and publishes my consumer report and is knowingly and willfully providing false, inaccurate, incomplete, and misleading information because I have notified them several times about the inaccurate information. Experian is illegally reporting false, inaccurate, incomplete, and misleading information on my Experian consumer report which has damaged my reputation, character, and credit worthiness. 

STATEMENT PURSUANT TO U.S. Code 1681c-2 ( a ) ( 4 ) I have outlined the FCRA violations by Experian and these violations serve as proof that Experian is engaging in fraudulent, deceptive, and unfair business practices by violating the FCRA, FACTA, and The Comprehensive Consumer Credit Reporting Reform Act of 2016. Experian has failed to meet its statutory obligations and is knowingly and willfully providing false, inaccurate, incomplete, and misleading information on my consumer report. This has resulted in damage to my reputation, character, and credit worthiness. In accordance with State and Federal Laws, you are hereby demanded to DELETE the aforementioned account that is being ILLEGALLY reported and published to the Experian consumer report bearing the name XXXX XXXX XXXX immediately. 

Therefore, Pursuant to 15 U.S. C. 1681n - Civil liability for willful noncompliance. You are hereby commanded to ( XXXX ) send a check in the amount of {$14000.00} payable to the order of XXXX XXXX. XXXX. 

If these demands are not met within the time prescribed by law, an immediate action will be filed against your agency, whereas if such agency does not act, they may also be liable to the consumer, and we shall seek to recover any damages. These demands are made in accordance with State and Federal Law.

This ILLEGAL reporting by Experian constitutes a violation of my rights under the Fair Credit Reporting Act 604. In accordance with the FCRA and pursuant to 15 USC 1681 Section 602 states that I have the right to privacy.

Company response to consumer: Closed with non-monetary relief