Consumer complaint received 2018-03-21
Company: Experian Information Solutions Inc.
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Attached you will find credit reports pulled by me from Experian on two different dates. The late pay information for the same XXXX XXXX XXXX XXXX accounts are different between the two credit report dates. This proves that Experian is reporting the accounts inaccurately. I never paid these accounts late! 
This is my last attempt to settle this matter amicably with Experian regarding inaccurate late payments regarding XXXX XXXX XXXX XXXX tradelines on my credit file. After, reading the below memorandum from a successful FCRA win against a credit reporting agency, I will be submitting all documents regarding this complaint and the response Experian gives to this complaint to the attorney 's at the law office of XXXX XXXX  XXXX as will as Attorney XXXX XXXX of New York as I am clearly entitled to actual and punitive damages from Experian 's willful, negligent and reckless violations of the FCRA. 
In a recent Federal FCRA Case against a credit reporting agency, an Honorable Judge stated in their memorandum : " When a consumer disputes the completeness or accuracy of any information contained in her credit report, the consumer reporting agency must conduct a reinvestigation. If the reinvestigation reveals that the information is inaccurate or can not be verified, the consumer reporting agency must promptly delete the information. 15 U.S.C. 1681 ( i ) ( a ).  Failure to conduct a reasonable reinvestigation violates the FCRA. XXXX v. XXXX XXXX XXXX, 115 F.3d 220, 223-24 ( 3d Cir. 1997 ). 
THE BURDEN TO CONDUCT THE REINVESTIGATION IS ON THE CREDIT REPORTING AGENCY. IT CAN NOT BE SHIFTED BACK TO THE CONSUMER. ID. AT XXXX. 
A CREDIT REPORTING AGENCYS REINVESTIGATION OBLIGATION IS TO VERIFY THE ACCURACY OF ITS ORIGINAL SOURCE OF INFORMATION. THIS DUTY MAY INCLUDE GOING BEYOND THE ORIGINAL SOURCE. Whether the credit reporting agency must go beyond the original source depends on a number of factors, including : ( 1 ) whether the consumer has alerted the consumer reporting agency that the original source may be unreliable ; ( 2 ) whether the consumer reporting agency itself knows or should know that the original source is unreliable ; and ( 3 ) the  comparative costs of verifying the accuracy of the original sources versus the potential harm the inaccurate information may cause the consumer. Id. Whether the credit reporting agency failed to fulfill its duty to reinvestigate is for the jury to decide. Id. at 226.

As part of its reinvestigation, a consumer reporting agency must provide the original source of derogatory information with notice of the consumers dispute. 15 U.S.C. 1681i ( a ) ( 2 ). The notice shall include all relevant information regarding the dispute that the agency has received from the consumer. Id. 
The FCRA imposes liability for damages, costs, and attorneys fees against any person who is negligent in failing to comply with any of its provisions. 15 U.S.C. 1681o. Furthermore, willful non-compliance with the FCRA permits an award of punitive damages. 15 U.S.C. 1681n. '' After reading this memorandum from this Honorable Judge, it is clear that Experian is in willful violation of the FCRA  regarding my dispute of these accounts.

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