Consumer complaint received 2023-04-04
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Unable to get your credit report or credit score
Sub-issue: Other problem getting your report or credit score

Complaint:
Hello, I am writing to file a final dispute regarding a creditor 's inaccurate reporting on my credit report. The creditor in question is XXXX, account number XXXX. 

According to my credit report from XXXX and Experian, there are discrepancies in the reported monthly payments, date opened, balance, and past due date. Additionally, Experian has reported me as being late on a payment, despite me never receiving any notification from them or missing any payments on this account. 

These inaccuracies have had a significant impact on my life. Due to the negative marks on my credit report, I have been denied credit, charged higher interest rates, and even lost job opportunities. It has been an emotionally taxing experience that has caused me a great deal of stress and XXXX. 

I believe that XXXX has violated several laws, including the Fair Credit Reporting Act ( FCRA ) and the Fair and Accurate Credit Transactions Act ( FACT ACT ) by failing to provide accurate information to credit reporting agencies and not following reasonable procedures to ensure the maximum accuracy of my consumer report. Additionally, they failed to conduct a reasonable investigation of my dispute and notify credit reporting agencies of my dispute as required by law. Specifically, I have identified several violations of the Fair Credit Reporting Act ( FCRA ) and the Fair and Accurate Credit Transactions Act ( FACT ACT ). The following violations were found with regards to my account with XXXX XXXX ( Account Number : XXXX ) : Violation of FCRA Section 607 ( b ) : The information provided to the credit reporting agencies by XXXX XXXX was inaccurate and incomplete, as the reported account type, account status, number of months/terms, and last reported date were inconsistent across XXXX, Experian XXXX and XXXX reports. 

Violation of FCRA Section 611 ( a ) ( 1 ) : The credit reporting agencies failed to follow reasonable procedures to ensure maximum accuracy of consumer reports, as evidenced by the discrepancies in reporting by XXXX, Experian, and XXXX. 

Violation of FCRA Section 623 ( a ) ( 1 ) ( A ) : The credit reporting agencies failed to conduct a reasonable reinvestigation of the disputed information, as the discrepancies were not resolved despite my requests for investigation.

Violation of FCRA Section 623 ( b ) ( 1 ) : The credit reporting agencies failed to promptly modify or delete inaccurate or incomplete information, as the discrepancies remain on my credit report. 

Violation of FACT ACT Section 312 ( a ) ( 1 ) : XXXX XXXX failed to provide notice to me of their intention to report negative information to the credit reporting agencies. 

Violation of FACT ACT Section 312 ( b ) : XXXX XXXX failed to notify the credit reporting agencies of my dispute regarding the inaccurate information. 

Violation of FACT ACT Section 312 ( c ) : XXXX XXXX failed to conduct a reasonable investigation of my dispute, as the inaccuracies remain on my credit report. 

In addition, XXXX XXXX may have also violated the Truth in Lending Act ( TILA ) Section XXXX66 ( a ) ( 2 ) by failing to correct the billing errors within a specified time frame. 
CoXXXX XXXX on my credit report. The details of the discrepancies are as follows : According to Experian, the account type is a charge account, but XXXX is not reporting it. Additionally, Experian is reporting a high credit balance of {$0.00}, while XXXX is reporting {$6500.00}. Furthermore, Experian is reporting a credit limit of {$6500.00}, while XXXX is reporting {$0.00}. Lastly, Experian is reporting the last reported date as XX/XX/XXXX, while XXXX is reporting XX/XX/XXXX. 

These discrepancies have had a significant impact on my life, and I am deeply concerned about the accuracy and integrity of my credit report. As a result of these inaccuracies, my ability to obtain credit has been severely affected. I have been denied credit opportunities, higher interest rates, and insurance premiums, which have resulted in financial difficulties for me. 

It is my understanding that XXXX  has violated the Fair Credit Reporting Act ( FCRA ), specifically Section 607 ( b ) by failing to provide accurate information to credit reporting agencies, and Section 611 ( a ) ( 1 ) by failing to follow reasonable procedures to ensure maximum accuracy of consumer reports. Additionally, Section 623 ( a ) ( 1 ) ( A ) requires credit reporting agencies to conduct a reasonable reinvestigation of disputed information, and Section 623 ( b ) ( 1 ) requires them to promptly modify or delete inaccurate or incomplete information. 

Furthermore, the Fair and Accurate Credit Transactions Act ( FACT ACT ) mandates that furnishers of information must notify credit reporting agencies of the consumer 's dispute, as outlined in Section 312 ( b ), and conduct a reasonable investigation of the dispute, as outlined in Section 312 ( c ). If XXXX provided inaccurate information, they may also have violated the Truth in Lending Act ( TILA ), Section 166 ( a ) ( 2 ), which requires creditors to correct billing errors within a specified time frame. 

XXXX under account number XXXX. According to XXXX, the payment status for this account is charge off, but I have never received any notification or paperwork from XXXX regarding this charge off account. Additionally, the other two bureaus have not reported any negative information on my account. 
These inaccuracies have had a significant impact on my life. I have been trying to secure a loan to start a small business, but my credit score has been severely impacted by these inaccuracies, making it nearly impossible to obtain the necessary funding. This has caused a great deal of stress and financial strain, as my business venture is now at a standstill. 
I believe XXXX has violated several sections of the Fair Credit Reporting Act, including Sections 607 ( b ), 611 ( a ) ( 1 ), 623 ( a ) ( 1 ) ( A ), and 623 ( b ) ( 1 ). Furthermore, if XXXX provided inaccurate information or failed to correct inaccurate information, they may have also violated Section 166 ( a ) ( 2 ) of the Truth in Lending Act.

I am asking that you enforce the legal requirements under the FCRA and TILA to ensure that all inaccurate and unverified information is removed from my credit report. This will not only help me secure the necessary funding to start my business, but it will also help to alleviate the stress and financial strain that I have been experiencing. 

Thank you for your attention to this matter. I look forward to hearing back from you soon. 

Sincerely, XXXX XXXX

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