Consumer complaint received 2023-01-04
Company: Experian Information Solutions Inc.
State: LA
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:
EXPERIAN XXXX XXXX XXXXXXXX XXXX XXXX XXXX  RE : FCRA VIOLATIONS To Whom it may concern : Pursuant to 15 U.S. Code 1681i ( 1 ) ( A ) ( B ) ( C ) this is not another dispute or opportunity for you to reinvestigate a previous dispute. The allowable period to conduct such a reinvestigation has expired and shall not be extended by law. 

Firstly, and foremost, I am a consumer as defined under 15 USC 1681a ( c ). The term Consumer means an individual. 

On Wednesday, XX/XX/XXXX, I received an email from the CFPB asking me to review the companys response to my CFPB Complaint filed under ID # XXXX. 

I filed the CFPB complaint against Experian for reporting and publishing false, inaccurate, incomplete, and misleading information on my Experian consumer report. 

Experians response to my complaint is listed and highlighted as follows : Company responded STATUS Company responded on XX/XX/XXXX RESPONSE TYPE Closed with explanation Company 's Response Thank you for submitting your dispute on XX/XX/XXXX, through the CFPB Portal. We appreciate consumers who take the time to let us know about their experiences with our company. We have reviewed and considered the information that you have supplied through the CFPB portal and directly to Experian. In your dispute, you indicate there are inaccurate accounts displaying on your credit report. You further indicate that you have not given authorization to furnish those items. You are requesting to delete them. At your request to conduct a reinvestigation, we contacted the data furnishers and asked them to verify the accuracy of the information with which you disagree. They responded and verified that the disputed information was accurate as reported, however, they may have updated other aspects of the account ( s ). Regarding XXXX of the accounts, the result summary was sent to you for review on XX/XX/XXXX. This item was also previously investigated on XXXX other occasions. The data furnisher had responded and verified the disputed information was accurate as reported. Those result summaries were sent to you on XX/XX/XXXX, and XX/XX/XXXX. Regarding XXXX of the accounts, the result summary was sent to you for review on XX/XX/XXXX. This item was also previously investigated on XXXX other occasion. The data furnisher had responded and verified the disputed information was accurate as reported. That result summary was sent to you for review on XX/XX/XXXX. If you have any additional supporting new documentation regarding the disputed information, you may forward that to Experian for further review. According to the Fair Credit Reporting Act, our role in the dispute process is to review the accuracy and completeness of any disputed item which may include contacting the furnisher of the information or the vendor that collected the information from a public record source, and notifying them of the dispute and disclosing all relevant information regarding your dispute. When we contact the furnisher or vendor, we ask that they verify all of the information regarding the item you disputed and report back within XXXX days of the date that we received your request ( 21 days for Maine residents ). To help resolve the dispute, we will review all relevant documents submitted with the dispute and will forward them to the furnisher if we are unable to resolve the issue. We review and consider the furnishers or vendors response to determine whether to accept it, reject it, or follow up for additional information. If, after processing, we find that the disputed information is inaccurate, incomplete or can not be verified, we then delete or modify that information, as appropriate. If we do not receive a response from the furnisher or the vendor within the required period, we update the item as you have requested or delete the information and send you the results. In some instances, we are able to determine whether the disputed information should be changed or deleted without having to contact the furnisher or the vendor. After we complete our processing, we send you the results. If you question the results of our dispute process, you may also contact the furnisher of information directly. Please refer to your credit report for the furnisher or public records office name, address, and phone number ( if available ). For more details, please visit Experian.com/disputeprocess. Please note that accurate information can not be deleted. Potentially negative items, such as missed or late payments, remains on the personal credit report for XXXX years from the date of the original missed payment. Please note that there is nothing a credit repair company can do for you, including removing inaccurate credit information that you cant do for yourself for free. We believe it is important to supply you with information about specific credit repair laws. The Credit Repair Organization Act, a federal law, prohibits credit repair companies from taking consumers money until they have fully completed the services they promised. It also requires such firms to provide consumers with a written contract stating all the services to be provided and the terms and conditions of payment. Under this law, consumers also have XXXX days to withdraw from the contract. Please contact your local Attorney Generals office for further information regarding your specific state laws. For additional assistance, you may call the toll-free telephone number provided on your personal credit report obtained directly from Experian, or write to Experian at XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX For more information regarding your credit and frequently asked questions, you may visit : http : //www.experian.com/blogs/ask-experian. Please note that you may also submit your request or documents supporting your claim electronically at www.experian.com/upload. You may also visit XXXX dispute center by visiting www.experian.com/dispute. Thank you for submitting your dispute through the CFPB Portal. It is our policy to respond to consumer disputes swiftly and to take each dispute seriously. We appreciate you letting us know about your experiences with Experian. 

Pursuant to the FCRA, XXXX, and The Comprehensive Consumer Credit Reporting Reform Act of XXXX I am exercising my rights as a consumer. Experian has responded several times that the disputed accounts were verified. At this time, I DEMAND that Experian provide all supporting documentation and information on how you arrived at that conclusion. This is my request and right Pursuant to the FCRA Section 611 ( a ) ( 6 ) and ( 7 ). The FCRA clearly states that Experian must produce this information within XXXX days of my request. 
Also, when I filed my previous disputes with Experian, they stated the XXXX accounts had been verified. I know for a fact that the software ( E-OSCAR /ACDV Forms ) used by CRAs are not and can not conduct proper and complete investigations of a consumer dispute. This why the FCRA mandates that Experian should have conducted its own independent investigation. This is my right under section 623 of the Fair Credit Reporting Act ( FCRA ). 
The above listed violations proves that Experian is engaging in fraudulent, deceptive, and unfair business practices by violating the FCRA, XXXX, and The Comprehensive Consumer Credit Reporting Reform Act of XXXX. 

BE ADVISED THAT This was not a new dispute with EXPERIAN so, Therefore, EXPERIAN has had the legally required time to reinvestigate my original dispute. They do not get an additional ( XXXX ) XXXX days to conduct another reinvestigation. Pursuant to 15 U.S. Code 1681i ( 1 ) ( A ) ( B ) ( C ) this was not a new dispute or opportunity for you to reinvestigate a previous dispute. The allowable period to conduct such a reinvestigation has expired and shall not be extended by law. 

EXPERIAN has failed to meet its statutory obligations and is knowingly and willfully providing false, inaccurate, incomplete, and misleading information on my consumer report. This has resulted in damage to my reputation, character, and credit worthiness. 

According to the FCRA you were required to conduct a reasonable reinvestigation of the disputed information as I requested per U.S. Code 15 U.S.C. 1681 et seq. Section 604 of the FCRA. XXXX form is not sufficient as per the above sited laws. 

On XXXX XXXX, The XXXX XXXX XXXX XXXX XXXX ruled that XXXX can not only use ACDV forms to verify consumer disputes. The XXXX stated that XXXX forms are not deemed as a reasonable investigation as a matter of law. 

EXPERIAN has not conducted a proper reinvestigation of my disputes as mandated by the FCRA because EXPERIAN has violated the FCRA Section 607 ( b ) and 15 U.S. Code 1681e ( b ) by failure to use reasonable procedures to ensure maximum accuracy. According to the provisions of the Fair Credit Reporting Act 611 ( a ) [ 15 USC 1681i ( a ) ], the disputed information must be DELETED from my consumer report within 5 days of receipt of this CFPB compliant. 

Pursuant to 15 U.S. C. 1681n - Civil liability for willful noncompliance. This is a DEMAND FOR MONETARY RELIEF as prescribed by law for EXPERIAN violating the FCRA Section 607 ( b ) and 15 U.S. Code 1681e ( b ) by failure to use reasonable procedures to ensure maximum accuracy.

In accordance with 15 U.S. Code 1681c-2 ( a ), you are hereby provided notice for the demand of an immediate cease and desist of reporting ; and removal of the following alleged debtors/creditors ( herein after referred to as organization ( s ) ) : IDENTIFICATON OF INFORMATION PURSUANT TO 15 U.S. Code 1681c-2 ( a ) ( 3 ) 1. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX STATEMENT PURSUANT TO U.S. Code 1681c-2 ( a ) ( 4 ) EXPERIAN is engaging in fraudulent, deceptive, and unfair business practices by violating my Consumer Rights, the FCRA, The Comprehensive Consumer Credit Reporting Reform Act of XXXX. EXPERIAN also violated the FCRA Section 607 ( b ) and 15 U.S. Code 1681e ( b ) by failure to use reasonable procedures to ensure maximum accuracy. Due to these violations EXPERIAN MUST DELETE the above listed Accounts. In accordance with the FCRA, you are hereby demanded to DELETE the aforementioned Tradelines that are being ILLEGALLY reported and published to the consumer report bearing the name XXXX XXXX XXXX immediately. You are hereby commanded to ( XXXX ) DELETE the disputed information, ( XXXX ) send a check in the amount of {$5000.00} payable to the order of XXXX XXXX. XXXX. 

This false reporting by EXPERIAN constitutes a violation of my rights under the Fair Credit Reporting Act 604. According to the provisions of the Fair Credit Reporting Act 611 ( a ) [ 15 USC 1681i ( a ) ], these accounts must be DELETED from my EXPERIAN consumer report.

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