Consumer complaint received 2023-05-17
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Investigation took more than 30 days

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, California XXXX SS # : XXXX | Date of Birth : XX/XX/XXXX RE : Notice of Pending Litigation Seeking Relief and Monetary Compensation under FCRA 15 U.S. Code 1681n Civil liability for willful noncompliance and 15 U.S. Code 1681o Civil liability for negligent noncompliance and 15 U.S. Code 1692k civil liability.

Dear Sir/Madam, I am writing to bring to your attention the continued violation of the Fair Credit Reporting Act ( FCRA ) by Experian with regard to the presence of inaccurate, unverifiable, and invalidated information on my consumer file. This letter serves as my final written offer of settlement before pursuing litigation under the FCRA to seek relief and recover any monetary damages to which I may be entitled under Section 616 and Section 617.

It is evident that Experian is in direct violation of the FCRA as the unverified items listed below still remain on my credit report, despite your legal obligation to possess a copy of the original creditors ' documentation to verify the accuracy of the information. To date, you have failed to provide me with any original documentation or the required method of verification as outlined in Section 609 ( a ) ( 1 ) ( A ) and Section 611 ( a ) ( 1 ) ( A ) of the FCRA, respectively. Furthermore, your agency has neglected to comply with Section 611 ( a ) ( 7 ) by not promptly deleting information that can not be verified, as stipulated by Section 611 ( 5 ) ( A ) of the FCRA. 

To clarify the situation, I will provide a breakdown of relevant information : The Fair Credit Reporting Act ( FCRA ) is the primary federal law governing the collection and reporting of credit information about consumers. It outlines rules regarding the acquisition, retention, and sharing of a consumer 's credit information, including their rights to accurate reporting, dispute resolution, and removal of outdated negative information. 

A FCRA violation occurs when creditors provide reporting agencies with inaccurate financial information, reporting agencies mix up individuals ' information, or agencies fail to adhere to guidelines for handling disputes. 

My rights under the Fair Credit Reporting Act include the right to verify the accuracy of my credit report when it is required for employment purposes, receive notification if information in my file has been used against me in credit applications or other transactions, dispute and have the bureaus correct and delete incomplete, inaccurate, and unverifiable information, and have outdated negative information removed. 

Considering the aforementioned violations, I demand the immediate deletion of the following items from my credit report : Account involved in litigation, displaying an incorrect high balance, an inaccurate date of last activity, REAGED ACCOUNTS, reinsertion without proper notice, an undated late payment, a charge-off listed as open, and a collection account with a limit : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX By failing to address these inaccuracies and violations, Experian is in direct violation of 15 U.S. Code 1681n , which imposes civil liability for willful noncompliance, and 15 U.S. Code 1681o, which imposes civil liability for negligent noncompliance. As outlined in Section 616 and Section 617, I reserve my rights to pursue appropriate legal action to enforce my rights under the FCRA and seek relief. 

According to the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ), you have 30 days to complete a thorough investigation into the disputed items. Furthermore, I request a description of the procedure used to determine the accuracy and completeness of the information, to be provided within 5 days of the completion of your re-investigation. I want to emphasize that I do not consent to e-Oscar or any means of automated verification.

Failure to respond satisfactorily within the specified timeframe may result in a small claims action seeking {$5000.00} per violation for defamation, negligent enablement of identity fraud, violations of the Fair Credit Reporting Act, and financial injury. 

Please note that, depending on your response, I may publicly detail any potential issues with Experian via an online press release, including documentation of any potential small claims action. Copies of this letter and my complaint will be sent to the organizations listed in the CC section for their reference and further action. 

Thank you for your immediate attention to this matter. I trust that Experian will rectify these violations promptly and adhere to the legal requirements set forth in the Fair Credit Reporting Act. 

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