Consumer complaint received 2018-08-23
Company: Experian Information Solutions Inc.
State: NY
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 has repeatedly verified the accuracy of Bankruptcy XXXX XXXX which is appearing on my consumer credit reports. XXXX claims that their subscription to XXXX is an acceptable form of verification. 

I have sent certified/return receipt dispute letters to Experian requesting verification of the reported bankruptcy. These dispute letters were received by them on XX/XX/18, XX/XX/18, XX/XX/18, XX/XX/18, XX/XX/18 and XX/XX/18. Upon receiving their last response that they once again claimed the bankruptcy was verified I requested, per FCRA 611 ( 15 U.S.C. 1681I ) that they provide me with a description of the procedure used to determine the accuracy and completeness of the disputed information. I informed them that FCRA Section 611 ( a ) ( 2 ) requires them to contact the furnisher of the information and to provide me with the name, address, and telephone number of each federal bankruptcy court clerk contacted regarding this alleged bankruptcy ; who they referred this dispute to ; and who responded back with the required verification. 

In the meantime, I also obtained a letter from the US Bankruptcy Court in XXXX, NY, which clearly stated that they do not provide any information to the credit bureaus. Experian 's claim that they verified the Bankruptcy through the US Bankruptcy Court is false as I spoke with a clerk through the phone number they provided on my credit report and she provided me with a letter confirming that is false. Furthermore : PLEASE NOTE : Bankruptcy Rule 9037 which states that " personal identification information defined as individuals ' Social Security and taxpayer identification numbers, names of minor children, last four digits of financial account numbers, and dates of birth, be redacted from documents filed with the court. '' Therefore, Experians claim that their subscription to XXXX was used to obtain verification is not only a violation of FCRA Section 611 ( a ) ( 2 ) which requires you to notify the party who furnished the disputed information, Experian is also in violation of Section 5 ( a ) of the Federal Trade Commission Act ( FTC Act ) ( 15 USC 45 ) which prohibits unfair or deceptive acts or practices '' by purposely reporting information that they have assumed is verifiable based off circumstance. 

I implore your agency to please assist me in having this unverifiable information from a database XXXX XXXX XXXX that does not allow access to any personal identification information, removed from reporting on my credit files. Experians practice is highly damaging to my credit and I would be remiss not to request your assistance with this issue. 

Thank you for your time and assistance in this extremely important issue.

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