Consumer complaint received 2021-07-12
Company: Experian Information Solutions Inc.
State: NJ
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
I am XXXX XXXX, and the author of this complaint. The screen shots provided in this complaint, are from credit reports access through Experian itself, and by me with my PII data, today. 
XXXX XXXX, is the Tradeline. 

XXXX XXXX is used as the comparison of historical data only. 

This is not and has never been, a request for Validation of Debt ( referred to as VOD in this complaint ). I do not and have not asked for any VOD documents. Instead, this complaint has always been about FCRA and FCDPA and your responsibilities as a Data Furnisher and the ONLY Creditor tied to this tradeline, and as the Original Creditor ( owner of this record ). 

Comenity - Please REPORT any clarity you would then like to draft a letter for, and this is exactly what the complaint is about. Report it do not send me a letter. No one outside of me will see it unless you report it accurately. When life happens, report it accurately for consumers, that is my intent and goal at this point. 

This complaint includes the CRAs, for now Experian. 

Experian this tradeline is inaccurate, and incomplete, please either fix it or delete it. 

All I have access to is the RESULT of whatever you all are doing/not doing, the gap in my space is that I neither produce the file, nor am I the end system/recipient of the data in the integration/file. 

This complaint is long detailed and tied specifically to the data elements existing within my credit report ( s ) and its compliance with Metro2 Guidelines and that of Data Accuracy with the CRAs, FCRA. 

I will say if it is happening to me, its systematic CFPB, and then happening to all customers with an adverse account with or from XXXX. 

There is an Original Complaint with XXXX including XXXX, the ID is XXXX. That complaint was created because of missing data on this tradeline, and inaccurate data. 

This current complaint is with XXXX ONLY. Each additional XXXX Creditor/Lender/Original Creditor/Credit Grantor Tradeline on my report, will be communicated distinctly and then with its own complaint. 

Your response to the original complaint is posted below. 
We're no longer the creditor on the accounts. Contact information for the new creditor is included in the uploaded response letter. We decline to delete the accounts from the credit report. Weve verified were reporting the accounts correctly to the credit reporting agencies. Were required to report factual information. 
Thank you again for that response Comenity. 

You also attached responses, one of which is attached as XXXX XXXX Response XXXX ( 1 ) Added XXXX CFPB, a section of it is pasted below. 

Were reporting the accounts correctly, as required by law. Weve verified that were reporting the correct information regarding account closure dates, first delinquency dates, account number, payment history, date of last activity, etc. Additionally, although the accounts are closed, we do advise the credit reporting agencies of the credit limit on the account. For more information on how the credit reporting agencies may reflect this information, or general questions about information in your credit report, please contact the credit reporting agencies by using the following information : Comenity ( Original/Only Creditor ) - I am relying on the FTC rules that govern you, as a both the Original Creditor/ Lender and Data Furnisher on this tradeline. 

FTC Site Definition of Debt Collector/Creditor https : //www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text You will want to refer to section 803. Definitions ( 6 ) and ( 4 ) And then, ECFR, governance on your responsibilities are defined here. 

https : //www.ecfr.gov/cgi-bin/text-idx? c=ecfr & SID=89d50ede6e4072bde4d4a944a89bd200 & rgn=div5 & view=text & node=16:1.0.1.6.77 & idno=16 # se16.1.660_13 Repeated - Few things of note with this complaint and then the response provided by Comenity. 

1. There is an absolute and then compliant difference between a Creditor/Lender/Credit Grantor and a Debt Collector 2. You XXXX, are both the Original Creditor and then, the only Creditor associated with the account. Your responsibilities as a Creditor, remain. 
3. Whoever you sold this account to becomes the Debt Buyer/Collector. See definition of a Debt Collector/Buyer 4. You are the Data Furnisher for this Tradeline and YOU are reporting data to this Tradeline and have created its current state. 
5. Your last reported date on my report is XX/XX/2018 I am attaching, as screen shots, and from many sources including raw credit reports from the CRAs themselves for your tradelines. 

XXXX, said in their original response : Weve verified were reporting the accounts correctly to the credit reporting agencies. Were required to report factual information. 
And Weve verified that were reporting the correct information regarding account closure dates, first delinquency dates, account number, payment history, date of last activity, etc. Additionally, although the accounts are closed, we do advise the credit reporting agencies of the credit limit on the account Thank you for providing and then acknowledging your commitment to accuracy, and then the data you sent/send to the CRAs. 

Comenity/Creditor/Original Creditor, is reporting this Tradeline To XXXX/Experian/XXXX, sourced from a ACR as a raw Credit Report ( directly from the CRA, not online report ) XXXX, that results in this, see attached as : EX Comenity Overstock VS XXXX First As per Metro2, I do not believe Status = Closed is accurate. 
The Account is Charged off, and there is a code for reporting this Your Pay History is Nearly Blank ( XXXX communicated they sent/send it ) You instead, reported one value = CO ( Charge off ) which is deceptive in my eyes, because this Tradeline is still reporting as open ( attached as EQ EX Comenity Overstock VS ) That 30, 60,90 day late etc is not reported, and it should be There is no TRUE Pay History/Rating There is no TRUE Balance History What accrued from what date? 
2 years of all were within your systems to report its history. 
Lacking a complete and accurate Tradeline what is the Date of First Delinquency ( DOFD ), you Comenity REPORTED? 
Because of how you have reported this there is no DOFD/FACRA date Then There is no On Record Until in EXs reporting And No Closed date in Equifax XXXX am also attaching a comparison document, for your tradelines. 
See attached - XXXX XXXX - XXXX with VS Both, cant be accurate. It is understood that the status is different, but - CLOSED = CLOSED. 

I then, dispute the FCRA DOFD and based on your reporting in this incomplete and inaccurate Tradeline. I also assert this tradeline is both incomplete and inaccurate. This complaint demonstrates the data issues between XXXX and then the CRAs. 

This is not my battle, unless it goes to court. 

The Data exchange between the OC and the CRA with due diligence, and or discovery can and will flush this out. XXXX in theory verifies the true expected results XXXX is saying is acceptable. 

Fix the tradeline, to ensure XXXX goal is attained or delete it.

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