Consumer complaint received 2023-02-10
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
I am a victim of identity theft, and I submitted a dispute for a fraudulent credit card account with XXXX XXXX XXXX XXXX that is currently reporting on my credit file with Experian. In my dispute, I provided all the necessary supporting documentation to validate the theft of my identity and requested that this fraudulent account be removed from my credit file, however Experian did not remove the fraudulent account information, nor did they take the required steps to process my dispute for this fraudulent account. I mailed in my dispute approximately one week ago, and sent in copies of my police report taken by my local authorities, which lists the fraudulent account information in detail on the report. I also sent in a copy of a identity theft report from the Federal Trade Commission, detailing this fraudulent account information as well, and Experian processed my dispute in less than a week. They did not take the legal steps to fully process my request to remove this fraudulent account from my credit file, nor did they honor my request to have this fraudulent account information blocked from being reported on my credit file. I have not made any material misrepresentation of fact relevant to the request to block this fraudulent account information, nor have I received or obtained possession of any goods, services, or money from this requested transaction or fraudulent account, therefore my request for this fraudulent account information should have been honored because of my victim status of identity theft. In addition to this, Experian did not take the stipulated steps to fully process my dispute for this fraudulent account which is outlined in the FCRA. According to the FCRA section 605b : FCRA 605B ( 15 U.S.C. 1681c-2 ) ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.

( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block.

( c ) Authority to decline or rescind.

( 1 ) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions.

( 2 ) Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title.

( 3 ) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block.

In compliance with the FCRA, Experian needs to delete this fraudulent account information from my credit file and block it from being re-reported like I requested them to do. They also need to take the stipulated steps outlined in the FCRA to properly process my dispute for fraudulent account information that is improperly reported on my credit file as a result from the theft of my identity.

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