Consumer complaint received 2022-08-18
Company: Experian Information Solutions Inc.
State: NY
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:
I have submitted several disputes in the past in regards to several accounts reporting without my authorization in accord to 15 USC 1681 a 3. After the investigation these accounts showed verified and valid. I opened a reinvestigation under 15 USC 1681 i. upon completion of the reinvestigation no evidence was submitted to the consumer. Under 15 USC 1692g these accounts have not been validated. After calling the agency to inform them that I did not give consent or authorization to reporting these accounts I have requested the accounts to be removed for violations of the privacy act 15 USC 1681 a 4. Experian claims they do not have the ability to remove any accounts. One account has been fraudulently reporting for well over the statute of limitations and the agency claims it must remain on file for another 2 years and counting. The agency does not have the ability to remove invalid and unverifiable accounts with in their system. This is a requirement that the CFPB requires. Under Regulation V to establish and implement reasonable written policies and procedures regarding the accuracy and integrity of information relating to consumers that they furnish to consumer reporting agencies, the CFPB recognizes that both furnishers and CRAs have independent obligations under the FCRA related to the accuracy of information and to the investigation of consumer disputes. 
The CFPB expects both furnishers and CRAs to comply with their respective duties. 
the obligation of furnishers to investigate disputed information in a consumer report. The CFPB is concerned that, when a furnisher responds to a consumers dispute, it may, without conducting an investigation, simply direct the consumer reporting agency ( CRA ) to delete the item it has furnished. 

Investigations of disputes are important because they provide a critical check on the accuracy of furnished items. Not only do they prompt a furnisher to reconsider information that a consumer has identified as incorrect, investigations can also help a furnisher identify problems with respect to the general accuracy of the information that it furnishes to CRAs. That is, when the furnisher conducts an investigation, it may learn of a systemic problem, thereby benefiting not only the consumer who raised the dispute, but also other similarly situated consumers who did not submit disputes. In addition, if a furnisher does not conduct investigations, consumers can be harmed because the furnisher may not carry out additional steps that the FCRA calls for with respect to a dispute. These include the obligation of a furnisher to provide notice of information found to be inaccurate to all consumer reporting agencies to which it reported. 
If a consumer submits a dispute to a CRA regarding an account in a consumer report and the CRA provides the furnisher of that account with notice of that dispute, the furnisher should investigate the dispute, and, if appropriate, direct the CRA to correct or delete the disputed information. Similarly, if the consumer submits a direct dispute notice to the furnisher, the furnisher generally should conduct an investigation of the dispute and then, based on the results of the investigation, provide appropriate instructions to the CRA. Furnishers should take immediate steps to ensure they are fulfilling their obligations under the law. Upon speaking to customer service they have made invalid claims that their system can not remove fraudulent accounts that have not been verified. They also have made numerous claims they follow federal laws but after citing such laws they fail to comply. The system they have in place is insuffient and should be investigated. The phone services also are not compliant while speaking to agents and getting calls disconnected. It is apparent that the equipment that this agency is using is old, obsolete and not compliant with the federal rules and procedures. They do not have the ability to remove fraudulent items. they do not have the ability to remove accounts that have expired through the statute of limitations or when they are in violation of a consumers privacy. These are requirements that the agency must provide when reporting that their system must meet. The Fair Credit Reporting Act ( FCRA ) generally requires a consumer reporting agency ( CRA ) to notify a furnisher when a consumer disputes the accuracy or completeness of an item of information provided by the furnisher to the CRA. 
The CRA must also promptly provide the furnisher all relevant information regarding the dispute that the CRA timely received from the consumer. The furnisher, in turn, must conduct an investigation with respect to the disputed information, review all relevant information provided by the CRA, and respond appropriately based on the result of the investigation. The CFPB expects CRAs and furnishers to comply fully with these FCRA requirements, thereby promoting the accuracy and completeness of information in the consumer reporting system. The CFPB expects furnishers to have reasonable systems and technology in place to receive and process notices of disputes and information regarding disputes, including relevant documentation, forwarded to them by CRAs. The CFPB also expects every furnisher to review and consider all relevant information relating to the dispute, including documents that the CRA includes with the notice of dispute or transmits during the investigation, and the furnishers own information with respect to the dispute. This agency does not have the ability to provide the relevant documentation and has not provided any documentation for any disputes. the documentation was requested by the consumer and the agency stated they could not provide the information and can not remove any account.

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