Consumer complaint received 2022-02-17
Company: Experian Information Solutions Inc.
State: VA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I made a call to The XXXX XXXX XXXX and I spoke asked to speak to a supervisor. Once I was transferred I Spoke to a supervisor by the name of XXXX ( ID # XXXX ). This conversation between XXXX ( ID # XXXX ) and I was not the best conversation. In return I was targeted by this Supervisor I made a Payment that Brought My account to XXXX on the XXXX of XXXX, and I also received a credit limit increase on the same day that I made my payment my account is not supposed to report a late payment for 30 days. All of my payments were made before that time frame. The XXXX XXXX ( Id # XXXX ), Decided to use malicious behavior to damage me by charging me a late fee after my Payment was already made and after my account was already at a zero balance with a new credit limit increase in pace as well. My Credit Had been on the rise until this time I am actively working to obtain a surety bond for my business at this time and I have been greatly affected in this process and damaged greatly by the inaccurate reporting by The First Premier Card, from the or staff members included in the conversation between the Supervisor XXXX ( ID # XXXX ). A XXXX dollar late fee was charged to my account after the date XX/XX/2022 which is the date that I spoke to XXXX the supervisor ( ID # XXXX ). 
Then on the morning of the XXXX at XXXX am I woke up and checked my Experian credit report as I normally do each morning. And I came to find that my rising credit streak had come to an end Because of The First Premier card and manager with malicious intent to report inaccurate information to damage my credit willingly On the date XX/XX/2022 and this inaccurate reporting dropped my credit score XXXX points when it had consistently been on the rise before this inaccurate reporting of my account information by The First Premier Card. When I spoke to XXXX the Supervisor ( ID # XXXX ), She told me that The First Premier Card would not report again until XX/XX/2022. And the card had reported almost a month late at the begging of XXXX on Experian for my XXXX payment. An inaccurate malicious report was made to damage my credit because of the conversation between XXXX XXXX and Myself. This Malicious act has caused me great damage and suffering from a credit that I pay annually and also monthly XXXX dollars Annually and {$10.00} XXXX. I can not win against such behavior and I feel trapped and helpless due to this inaccurate reporting of my account. Can someone please help me I have already lost several opportunities to better my life from this one inaccurate and I believe malicious act to get back at a customer who simply wanted to have my credit reported correctly? 

XXXX. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt col- lector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a mini- mum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court.

On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs.

( b ) Factors considered by court In determining the amount of liability in any action un- der subsection ( a ), the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collectors noncompliance was intentional.

( c ) Intent A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not inten- tional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

( d ) Jurisdiction An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. 


806. Harassment or abuse A debt collector may not engage in any conduct the natu- ral consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or prop- erty of any person.

( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of sec- tion 603 ( f ) or 604 ( 3 ) 1 of this Act. 806. Harassment or abuse A debt collector may not engage in any conduct the natu- ral consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or prop- erty of any person.

( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of sec- tion 603 ( f ) or 604 ( 3 ) 1 of this Act. 806. Harassment or abuse A debt collector may not engage in any conduct the natu- ral consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603 ( f ) or 604 ( 3 ) 1 of this Act. ( 4 ) The advertisement for sale of any debt to coerce payment of the debt.

( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

( 6 ) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the callers identity. 

611. Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] ( a ) Reinvestigations of Disputed Information ( 1 ) Reinvestigation Required 611 - 15 U.S.C. 1681i 59 ( A ) In general. Subject to subsection ( f ), and except as provided in subsection ( g ) if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

( B ) Extension of period to reinvestigate. Except as provided in subparagraph ( c ), the 30-day period described in subparagraph ( A ) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.

( C ) Limitations on extension of period to reinvestigate.

Subparagraph ( B ) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph ( A ), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information can not be verified.

( 2 ) Prompt Notice of Dispute to Furnisher of Information ( A ) In general. Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer or a reseller in accordance with paragraph ( 1 ), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller.

( B ) Provision of other information. The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer or the reseller after the period referred to in subparagraph ( A ) and before the end of the period referred to in paragraph ( 1 ) ( A ).

60 611 - 15 U.S.C. 1681i ( 3 ) Determination That Dispute Is Frivolous or Irrelevant ( A ) In general. Notwithstanding paragraph ( 1 ), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably deter- mines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.

( B ) Notice of determination. Upon making any determination in accordance with subparagraph ( A ) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency.

( C ) Contents of notice. A notice under subparagraph ( B ) shall include ( i ) the reasons for the determination under subparagraph ( A ) ; and ( ii ) i dentification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.

( 4 ) Consideration of consumer information. In conducting any reinvestigation under paragraph ( 1 ) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph ( 1 ) ( A ) with respect to such disputed information.

( 5 ) Treatment of Inaccurate or Unverifiable Information ( A ) In general. If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

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