Consumer complaint received 2017-11-30
Company: Experian Information Solutions Inc.
State: MI
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 Experian FINAL NOTICE : Legal action will be filed Friday, XXXX XXXX, XXXX eventually requesting class action certification and I will get class action certification Experian willfully refuses to follow 605B of the FCRA when a consumer files a claim of Identity Theft and request tradelines to be BLOCKED regardless whether that consumer provides all the proper documents as required by the FTC , whereas Experian MUST BLOCK those tradelines within ( 4 ) business days. 

Experian has continually refused to block any tradelines, refused to conduct a proper investigation, refuses to provide SPECIFIC reasons why, manipulates documents and deliberately deceives consumers by post dating letters up to 10 days in order to comply with the timely responses as set by the FCRA and the XXXX settlement agreement with the NYAG. ( Letter from Experian is pre-dated 10 days from date of post office stamp ) As I read 605B there are only 3 reasons a CRA can refuse to block tradelines properly requested.

1. If the request is made in error. ( My request is not in error ).

2. If the facts were materially misstated. ( How could they possibly know or obtain evidence to prove that or reach that conclusion ( especially within 4 days ).

3. If they had knowledge the consumer received goods or services with the transaction ( Again, how could a CRA have any knowledge to this one way or the other and if they claim to why has Experian declined to provide that information as required ).

FACT : Experian NEVER claimed my request was : Made in error That the facts I provided were materially misstated.

That Experian had knowledge I received any goods or services as a result of any transactions.

*As a result, Experian MUST block the tradelines requested. Congress went through a tremendously meticulous process of research, debates, etc. prior to agreeing on CRA requirements in response to Identity Theft. One such REQUIREMENT is to block tradelines within 4 days. This part is non-negotiable, CRAs have the ability to investigate and alter whether the block is to be permanent. In the meantime, to protect consumers from higher costs of insurance, job loss, and a dozen other repercussion which ruin lives, the CRAs are required to BLOCK the trade-lines within 4 days, period! My claim was by the book, using the FTC guidelines and templates.

*It has been well over 30 days since my initial claim *Since Experian did not respond timely as required my request to block tradelines must be honored.

The CRA, thereupon, is required to block the publication of this information within four business days and to give notice of the block to the data furnisher,71 and the data furnisher is required to maintain procedures to prevent the further publication of that information to other CRAs In Summary, I filed a proper claim of identity theft on XXXX, XXXX by certified mail. Experian received my claim on XXXX XXXX. My claim included the following : 1. An Identity Theft report through the FTC 2. Proof of my Identity ( Notarized Affidavit of Identity ) which included my passport, Drivers License and Utility bills. I also provided my Correct address Date of Birth Social Security number Phone number signature 3. A signed and proper request to Block tradelines using the template from the FTC. 4. Copy of Sec. 605B of the FCRA.
I even provided other documents to enhance certainty 5. Recent copy of my checking account statement my social security number ( this is obvious since Experian did send me a copy of my credit report 45 days later, confirming Experian was able to identity me. 9 ) Copy of Sec. 605B of the FCRA.

6. Previous copies of correspondence with Equifax 7. I even provided my own written Identity theft letter that expanded the information requirements to ascertain I was as clear as humanly possible.

Regardless, Experian never responded timely and refused to block any tradelines, Experian tries deflecting by providing a generalized letter which does NOT provide specifics of their refusal, when consumers respond with the identical information they try to claim to have another 15 days. This is NOT what Congress intended and in their summary cleary point this fact out

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 non-monetary relief