Consumer complaint received 2023-12-05
Company: Experian Information Solutions Inc.
State: NY
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:
**Subject : Urgent Dispute Follow-Up Correct Violations Immediately** Dear ALL who receive this notice and all listed below I trust this message finds you with the urgency and attention this matter deserves. I am writing to emphatically restate my grave concerns regarding inaccuracies on my credit report, specifically related to my accounts with XXXX XXXX XXXX XXXX and XXXX. 

**Legal Basis for Dispute : ** It's crucial to reiterate that the inaccuracies in reporting violate the Fair Credit Reporting Act ( FCRA ). The recent Eleventh Circuit ruling ( Santos v. Healthcare Revenue Recovery Grp., LLC ) clarified that consumers need not prove actual damages for willful violations of FCRA. 

**Additional Applicable Laws : ** In addition to FCRA, I must bring to your attention the potential violations of the following laws : 1. **Fair Debt Collection Practices Act ( FDCPA ) : ** - If there are any third-party debt collection activities associated with these accounts, I assert my rights under the FDCPA. 
2. **Fair Credit Billing Act ( FCBA ) : ** - Given the billing-related nature of these disputes, FCBA procedures for resolving billing errors on credit card accounts may apply. 
3. **Equal Credit Opportunity Act ( ECOA ) : ** - ECOA prohibits discrimination in credit transactions. Any indication of discrimination in credit reporting would be a violation. 
4. **Consumer Financial Protection Bureau ( CFPB ) Guidelines : ** - While not a law, adherence to CFPB guidelines is expected. Any deviations from industry best practices may be considered. 
5. **Fair Credit Billing Act ( FCBA ) Section 1666 ( b ) : ** - I am asserting my rights under Section 1666 ( b ) of the FCBA, which requires accurate billing statements. Any late payments reported should be rectified, as they stem from billing inaccuracies and not a failure on my part to make timely payments. 

**Specific Violations : ** For the past XXXX months, XXXX XXXX Experian XXXX XXXX has persistently displayed inaccurate " dates of status '' or " payment level dates '' on my credit report, notably impacting my creditworthiness. 

- **XXXX XXXXXXXX XXXX XXXX XXXX XXXX # ending XXXX ) : ** Alleged Late Payment dates in XX/XX/XXXX. 
- XXXX XXXX XXXX XXXX ( # XXXX ) : ** Alleged Late Payment dates, currently late in XX/XX/XXXX. 
- XXXX Credit Card XXXX # ending XXXX ) : ** Alleged Late Payment dates in XX/XX/XXXX and XX/XX/XXXX. 

**Billing Errors Dispute : ** I was NEVER late on my XXXX and XXXX XXXX credit card accounts. I am in disagreement with the items listed below, which still appear on my credit report even after your investigation. I wrote a letter prior to this asking for proof that you are reporting the LATE MARKS correctly and that they are legally verified and investigated, but until now, I haven't received any correspondence from you. 

As far as I know, the creditor didn't notify me 21 days before with a statement, so there should be no late payments on these accounts. I demand to see hard SOLID PROOF from the creditor 's bank account that I didn't pay and was marked late because this is clearly a billing error. 

**Damages Seeking Under Section 1681n ( a ) ( 1 ) ( A ) : ** Experian, along with XXXX and XXXX XXXX have consistently ignored my rights and denied me an accurate credit report. I am now seeking damages under section 1681n ( a ) ( 1 ) ( A ) as established by the Eleventh Circuit ( Pedro v. Equifax , Inc. ). I am requesting a deletion of the tradeline, a release from the alleged debt obligation, and {$1000.00}. To remain in good faith, I am providing you with 30 days to remedy this situation. 

**Additional Impact on Well-being : ** These inaccuracies have caused substantial mental distress, personal humiliation, embarrassment, and emotional distress. Daily activities and personal relationships have been adversely affected. Each examination of my credit report is unsettling and raises concerns about my future. Due to this misinformation, my creditworthiness is being unjustly undermined. 

**Immediate Corrective Action Required : ** Given the legal gravity and the considerable harm caused, I insist on an immediate and comprehensive review of my dispute. Full compliance with the FCRA, FDCPA, FCBA, ECOA, and CFPB guidelines is non-negotiable. 

**Contact Information : ** For any further clarification or information, please contact me at ( XXXX ) XXXX or XXXX I expect your immediate attention to this matter, understanding the legal implications involved. 

Respectfully, XXXX 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