Consumer complaint received 2018-11-01
Company: Experian Information Solutions Inc.
State: FL
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: Their investigation did not fix an error on your report

Complaint:
As of XX/XX/XXXX, XXXX, Experian and XXXX  have failed to state in their investigations how they verified the two public records listed on my credit report.

XXXX, Experian and XXXX have violated : Violation of Disputed Information Once a consumer disputes information, you may not report that information to a CRA without telling the CRA that the information is in dispute. FCRA 623 ( a ) ( 3 ).

The public records listed have been under dispute and acknowledge by the " Opt-out. '' notice provided by XXXX.

XXXX  as of the last two investigations the company refers to merely stating the two public records exist in their system, but not how or if it was verified by a third party furnished/provider of the information ; such as. XXXX or XXXX ; nor the verification occurred within the last 30 days. ( SEE ATTACHED ) Experian as of the last two investigations refers to merely stating the two public records exist in their system, but not how or if it was verified by a third party furnished/provider of the information ; such as. XXXX or XXXX. Also, failed to state the verification occurred within the last 30 days. ( SEE ATTACHED ) XXXX as of the last two investigations refers to merely states it obtain the information from the bankruptcy court as of XX/XX/XXXX ; however, inXX/XX/XXXX XXXX  stated in another investigation that it received the information from XXXX. The bankruptcy court states it does not report to credit bureaus. As well as, XXXX  has provided a letter stating it has not provided any records in my name since XX/XX/2018 ( SEE ATTACHED ) These three agencies have violated : I. Failing to flag the public records as dispute by a consumer related to his or her credit information or history. FCRA, 15 U.S.C. 1681s-2 ( a ) ( 1 ) - ( 3 ).

II. Failing to have their source ( s ) Re-investigate. The source or contact the " furnisher '' 15 U.S.C. 1681s-2 ( a ) ( 2 ) ; After the disputes are received by a CRA from a consumer, it, in turn, is required under 1681i of the FCRA to forward a consumer dispute verification ( CDV ) form to the furnisher, requiring it to verify the credit information and investigate its accuracy. After receiving notice of such a dispute from a CRA, a furnisher has 5 mandatory duties it must perform within 30 days : ( 1 ) to conduct an investigation with respect to the disputed information ; ( 2 ) to review all relevant information provided by the credit reporting agency ; ( 3 ) to report the results of its investigation back to the credit reporting agency ; ( 4 ) if the investigation finds the existing information is incomplete or inaccurate, to report back those results to each of the consumer reporting agencies to whom the furnisher originally communicated information about the consumer ; and ( 5 ) to modify,.. .delete.. .or.. .permanently block the reporting of any item of information found to be inaccurate, incomplete, or which can not be verified as accurate after a re-investigation. 15 U.S.C. 1681s-2 ( b ) ( 1 ).

III. Fail to Identify within the last 30 days the Furnisher of the Public Record in violation : Investigation Procedures. Under 623 ( b ) ( 1 ), when a furnisher receives notice from a CRA that a consumer disputes the completeness or accuracy of information the furnisher provided to the CRA, it must investigate the disputed information, review all relevant information provided by the CRA, and report the results of its investigation to the CRA. If the furnisher determines that the information it provided was incomplete or inaccurate, it must notify all nationwide CRAs to which the information was furnished of its findings.26 Finally, if the furnisher determines that the disputed information is inaccurate or incomplete or can not be verified, the furnisher must promptly modify or delete the information or permanently block the reporting of that information.27 The furnisher generally has 30 days from the date the consumer filed the dispute with the CRA to complete its investigation and make appropriate notifications, but the investigation period may be extended an additional 15 days in some circumstances.28 Additional Furnishers ' Duties Under the FACT Act Section 312 of the FACT Act expands furnishers ' affirmative duties concerning the accuracy and integrity of the information they furnish, contains a provision that allows consumers to file disputes directly with the furnishers, and specifies the procedures furnishers must follow in responding to direct disputes. In XX/XX/XXXX, the federal banking agencies and the Federal Trade Commission ( FTC ) issued a final rule implementing 312 's requirements, which became effective XX/XX/XXXX29 Because the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ) transferred rulemaking authority for most sections of the FCRA to the Consumer Financial Protection Bureau ( CFPB ) ,30 the 312 regulations are now under the jurisdiction of the CFPB, which republished them as CFPB regulations.31 See 12 C.F.R., Part 1022, Subpart E.

Accuracy and Integrity Requirements : 1022.42. Section 1022.42 requires furnishers to establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the consumer information furnished to CRAs. Accuracy means that the information provided to a CRA by a furnisher correctly : identifies the appropriate consumer ; reflects the account 's terms and liability ; and reflects the consumer 's performance with respect to the account.32 Integrity means the information provided to a CRA by a furnisher : is substantiated by the furnisher 's records at the time it is furnished ; is in a form designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; and includes information in the furnisher 's possession that the CFPB has determined would likely be materially misleading in evaluating a consumer 's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, if absent.33 For open-end credit products, the credit limit ( if any ) is the one item of information the agencies have determined would likely be materially misleading if omitted.

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