Consumer complaint received 2022-02-17
Company: Experian Information Solutions Inc.
State: AZ
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:
It sickens me that after submitting an Affidavit of Truth + invoice and THREE complaints already, this matter is still not fully resolved. 

I sent an Affidavit of Truth and an invoice to EXPERIAN on XX/XX/21 because there were hard inquiries on my credit report that I did not give written instruction to be furnished, violating 15 USC 1681b ( a ) ( 2 ) of the FCRA. I attached an invoice to the Affidavit of Truth because EXPERIAN is liable to compensate me for the laws they violated pursuant to 15 USC 1681n ( B ) of the FCRA. I submitted my first CFPB complaint on XX/XX/21 because the inquiries were still on my report. EXPERIAN responded by stating, ... by federal law, your personal crest report must list all organizations that have requested your credit history. In accordance with the Fair Credit Reporting Act, entities who have certified to Experian that they have a permissible purpose may inquire about credit information. For example, organizations that have granted you credit or with whom you have applied for credit, or entities collecting on transactions that you initiated or on judgments rendered against you, are permitted to make inquiries on your credit report. This is absolutely FALSE and INACCURATE. No where in the FCRA does it state ANY of this. Let 's break this response down : By federal law, my credit report does NOT have to list all organizations that have requested my credit history. Pursuant to 15 USC 1681b ( a ) ( 2 ), in order for anything to be furnished on my credit report, a credit reporting agency needs WRITTEN instruction to do so. It states this explicitly in the Affidavit of Truth and my last 3 complaints. Moving on, pursuant to the FCRA, NO organization can certify to Experian that they have permissible purpose to inquire about credit information. It is not their right to do so. Pursuant to the FCRA, only the CONSUMER can XXXXrant the permission via written instruction. This is again violating 15 USC 1681b ( a ) ( 2 ). NOTHING is to be reported on MY consumer report AND file without my written instruction. FURTHERMORE, pursuant to the FCRA, 15 USC 1681, Congress states that credit reporting agencies ASSUMED the role of creating credit reports. Because of this, and that is why the FCRA is in place. To protect consumers like me from unfair practices by credit reporting agencies like EXPERIAN. Credit reporting agencies are to abide by the laws stated in the FCRA. Now, because of their assumption, they are now liable to compensate me for ALL of the violations they have violated against my rights under the FCRA. 

Moving on, I filed a second complaint about EXPERIANs continual non-compliance to my Affidavit of Truth and first complaint. EXPERIAN responded to the second complaint stating, according to our records the disputed information does not appear on your current Experian credit report. ( attached ) It is clear based on the documentation provided as proof in my Affidavit and files attached to BOTH the first and second complaint that they were on my credit report. 

Now their third response to my third complaint is very similar to the first response. Ive already covered all of the lies. They are NOT required by federal law to display the inquiries. As mentioned above, they ASSUMED that role. I also did not request monetary compensation. I demanded it and that still stands. EXPERIAN does not have the option to deny. They are federally liable to compensate me for violating my rights pursuant to 15 USC 1681n ( B ). They deleted both inquiries stated in the Affidavit of Truth which means they admit to their wrong-doings. As mentioned above, an invoice was attached to the Affidavit of Truth and they are liable to compensate me for the amount stated there ( {$2000.00} ) ( attached ). 

EXPERIAN is also liable for each response that is not in compliance with the FCRA. ( everything attached ) EXPERIAN has now violated my rights for an additional 3 times and therefore, is now liable to compensate me {$1000.00} per violation pursuant to 15 USC 2681n ( B ) of the FCRA, totaling {$5000.00}.

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