Consumer complaint received 2019-03-19
Company: Experian Information Solutions Inc.
State: MS
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
XX/XX/XXXX EXPERIAN XXXX. XXXX XXXX XXXX, XXXX XXXX CMRR # XXXX XXXX XXXX XXXX XXXX This final formal dispute of inaccurate reporting regarding five XXXX XXXX XXXX accounts follows multiple attempts over the past two years to request an investigation, and or reinvestigation regarding accounts that have been legally extinguished by operation of Mississippi code annotated 15-1-3, and are  now beyond the FCRA time period for negative reporting. This final dispute is being sent CMRR in order to document its delivery to your company, as well as to maintain legal documentation of the final dispute. This dispute also references the terms and conditions of the SETTLEMENT AGREEMENT AND RELEASE executed between the State of Mississippi and Experian Information Services regarding the requirement to provide for, and accurately  report Mississippi consumers which have debts legally extinguished by the aforementioned statute and its radical nature and application. 

The Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 et. seq. details the statutory responsibilities of the Credit Reporting Agencies ( CRA ) and Furnishers of Information ( FOI ) regarding the accuracy of information being furnished to the CRA 's and being contained in personal credit files and distributed by the CRA 's. Those responsibilities include the requirement to report only accurate information in credit files to conduct a proper and thorough investigation if a consumer disputes the accuracy of any information contained in their credit file, to notify the FOI within five ( 5 ) days of said dispute from consumer, and to delete any  inaccurate reporting therein. It also requires a reinvestigation of reported inaccurate information if provided new evidence of same, which in this dispute and demand for deletion of the disputed accounts, the evidence is being attached, and from XXXX XXXX, XXXX the FOI for the disputed accounts, and produced to my personal attorney and documented in their files. 

Therein, Once again I am disputing the following five items, all of which have been legally extinguished by operation of law, Mississippi  code annotated 15-1-3, and are beyond the FCRA time period for negative reporting, verified by the attached documentation produced by XXXX XXXX in reference to the accounts being disputed, and which reflects the actual DATE of First Delinquency ( " DOFD '' ) for all disputed accounts below, and as such the accounts are Obsolete and should be DELETED IMMEDIATELY. 

1. XXXX XXXX, Account # XXXX .... 
This account is beyond the FCRA seven year reporting period. The actual XXXX XXXX internal account DOFD is XX/XX/XXXX. This account has also been legally extinguished by operation of law via by Mississippi  Code Annotated 15-1-3, the account, its debt and all incidents alike are destroyed. This account is also beyond the seven year period of negative reporting provided for in the FCRA, DELETE IMMEDIATELY. 

2. XXXX XXXX, Account # XXXX .... 
This account is beyond the FCRA seven year reporting period. The actual XXXX XXXX internal account DOFD is XX/XX/XXXX. This account has also been legally extinguished by operation of law via by Mississippi  Code Annotated 15-1-3, the account, its debt and all incidents alike are destroyed. This account is also beyond the seven year period of negative reporting provided for in the FCRA, DELETE IMMEDIATELY. 

3. XXXX XXXX, Account # XXXX .... 
This account is beyond the FCRA seven year reporting period. The actual XXXX XXXX internal account DOFD is XX/XX/XXXX. This account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3, the account, its debt and all incidents alike are destroyed. This account is also beyond the seven year period of negative reporting provided for in the FCRA,  DELETE IMMEDIATELY. 

4. XXXX XXXX, Account # XXXX .... 
This account is beyond the FCRA seven year reporting period. The actual XXXX XXXX  internal account DOFD is XX/XX/XXXX. This account has also been legally extinguished by operation of law via by Mississippi  Code Annotated 15-1-3, the account, its debt and all incidents alike are destroyed. This account is also beyond the seven year period of negative reporting provided for in the FCRA, DELETE IMMEDIATELY. 

5. XXXX XXXX, Account # XXXX .... 
This account is beyond the FCRA seven year reporting period. The actual XXXX XXXX internal account DOFD is XX/XX/XXXX. This account has also been legally extinguished by operation of law via by Mississippi Code Annotated 15-1-3, the account, its debt and all incidents alike are destroyed. This account is also beyond the seven year period of negative reporting provided for in the FCRA, DELETE IMMEDIATELY. 

Furthermore all accounts are OBSOLETE as they are beyond the seven year time period stipulated in the FCRA for legal reporting of delinquent, and or, derogatory account information. Attached to this dispute is a notice from XXXX XXXX XXXX  sent to my attention to the address of record for my personal attorney, taken from the internal account records of the referenced XXXX XXXX XXXX credit card accounts Experian is reporting in my consumer file, and which the notice documents the correct DOFD 's to be  different than the ones Experian is reporting, and which XXXX XXXX XXXX as a Furnisher of Information might be verifying via XXXX  disputes. The attached Exhibit clearly demonstrates the fact that the accounts not only are not being designated as legally extinguished and with a XXXX  balance due, but that the accurate DOFD 's as demonstrated in the Exhibit are all more than seven years old, and as such should be deleted IMMEDIATELY by Experian. 

Quoting directly from the attached notice from XXXX Executive Office dated XX/XX/XXXX : " On your account ending in XXXX ( first account disputed above ) {$25.00} was due by XX/XX/XXXX, but no payment was received by the due date. '' " On your account ending in XXXX ( fifth account disputed above ) {$10.00} was due by XX/XX/XXXX, but no payment was received by the due date. '' " On your account ending in XXXX ( second account disputed above ) {$35.00} was due on XX/XX/XXXX, but no payment was received by the due date. '' " On your account ending in XXXX ( fourth account disputed above ) {$24.00}  was due on XX/XX/XXXX, but no payment was received by the due date. '' Continuing from the XXXX letter in reference to the missed payments on the aforementioned accounts and First Date of Delinquency established in the notice, " we did not receive a payment on the accounts by the respective due dates, the accounts were past due, and remained past due until they charged off in XX/XX/XXXX. '' " Therefore, although your auto payments were making payments on each of the accounts, the accounts were never brought current from XX/XX/XXXX to XX/XX/XXXX,  when the accounts were charged off. '' " On the account ending in XXXX ( third account disputed above ) {$63.00} was due by XX/XX/XXXX. Our records indicate that the account had a returned auto pay that posted on XX/XX/XXXX. When the {$14.00} auto pay was removed from the account, the account became past due, and remained past due until it charged off in XX/XX/XXXX. '' The DOFD 's of these legally extinguished accounts are being re-aged on a monthly basis on my EXPERIAN credit file and this has occurred monthly for over four years from the actual DOFD 's ( XX/XX/XXXX-XX/XX/XXXX ) verified by the XXXX letter, until ( XX/XX/XXXX-XX/XX/XXXX ) which are the reported dates being furnished by XXXX XXXX and being reported by EXPERIAN in my credit file. 

In the SETTLEMENT AGREEMENT AND RELEASE executed by XXXX XXXX, Group General Counsel on behalf of Experian Information Services, and XXXX XXXX, Special Assistant Attorney General on behalf of the State of Mississippi, dated the XX/XX/XXXX which terminated the lawsuit filed by Attorney General XXXX XXXX on behalf of the State of Mississippi, and its consumers, against Experian Information Services, Miss. Code Ann. 15-1-3 and its radical application and operation of law was addressed as to correct and accurate reporting of accounts legally extinguished by the statute. 

Miss. Code Ann. 15-1-3 by operation of law legally extinguishes debt after the period of Limitation for the specific consumer debt in the State of Mississippi. This referenced statute is radical in its nature and is not a statute of limitations, but a statute of repose. Upon the completion of the period of limitation this statute extinguishes both the remedy, as well as the right. The Mississippi   Supreme Court has upheld, and affirmed this legal extinguishment of debt in numerous cases appealed to that body regarding this statute, citing from cases decided by that court ; Mississippi statute annotated 15-1-3 and its legal extinguishment and abolishment of the debt, it's right, remedy, and all incidents are destroyed as adjudicated and affirmed by the Supreme Court of Mississippi in the following actions, XXXX v. XXXX, and XXXX v. XXXX as cited from the Court docket verbatim below : In XXXX v. XXXX, 72 Miss. 288, 16 So. 595 (XX/XX/XXXX  ), this Court referring to Mississippi Statute annotated 15-1-3.commented on the wording of the statute before 1880 and as it was amended to read after 1880. Section 2685, Code of 1880, is exactly the same as Section 743, Mississippi Code 1942 Annotated. In XXXX, this Court said : " The change wrought by this new statute is radical. Not only the remedy is denied, the action barred, but the right itself is extinguished upon the completion of the period of limitation. The remedy and the right, whatever it was, are alike destroyed. There remains nothing to revive .... The extinguished right, the original debt and all its incidents, as well as the lost remedy, are all destroyed, upon the completion of the period of limitation, under our present statute. '' ( Emphasis added ). 72 Miss. at 290-291, 16 So. at 596. 

In the later case of XXXX v. XXXX, XXXX XXXX. XXXX, XXXX XXXX. XXXX ( XXXX ), this Court again commented on the difference between the Mississippi statute and that of other states : " At common law, and under the statutes of most states, the statute of limitation does not extinguish the debt, but merely bars the remedy by which the debt may be  collected or enforced. When such is the case, the debt continues to exist, and may be charged against the child in the division of an estate ; but, where the debt itself is extinguished by the statute of limitation, as it is in our state, the account ceases to be a debt. It is completely extinguished by the statute of limitation, and can only serve as a legal consideration for a new promise based thereon. '' ( Emphasis added ). 145 Miss. at 113, 110 So. at 222-223.

Therein, the following language contained in the SETTLEMENT AGREEMENT AND RELEASE between the State of Mississippi and Experian Information Services stipulating the accurate reporting of accounts legally extinguished by Miss. Code Ann. 15-1-3 ; Article IV, Paragraph D, sections i-iv D. Extinguished Mississippi Debt i. Experian agrees to the provisions set forth in this subsection on the express condition that Mississippi secures agreements from both XXXX and XXXX to implement substantially similar provisions. 
ii. The Parties acknowledge that Miss. Code Ann. 15-1-3 provides for the extinguishment of certain debts that are three ( 3 ) or more years past due, provided that the consumer has not acknowledged the debt, made a partial payment on the debt, or promised to pay the debt.

iii. Subject to the exception below, and if the Furnisher has not reported the Tradeline with a status of extinguished under state law/XXXX  balance under Section D ( iv ), Experian agrees to include a comment that a debt may be extinguished under state law on Tradelines that are  reported on consumer reports for Mississippi Consumers where : ( i ) the Tradeline has been reported as past due for the preceding three ( 3 ) years or more and without any indication of any partial payment, in the preceding three-year period ; or ( ii ) the Tradeline has been reported as past due for three ( 3 ) years or more after the date of first delinquency and without any indication of a payment, full or partial, within the three-year period following the date of first delinquency. However, this provision shall not apply whenever Experian has received information from a Furnisher, a consumer, or any other reliable source, confirming that the debt was not extinguished under Miss. Code Ann. 15-1-3. The Parties acknowledge that a Furnisher may provide such confirmation by reporting a code to Experian or by any other reasonable means.

iv. Experian shall, together with XXXX and XX/XX/XXXX, develop a new Metro 2 account status code indicating that a debt has been extinguished under state law/XXXX  balance, or substantially similar language, and shall take reasonable steps to educate Furnishers regarding the creation and appropriate use of the new Metro 2 code, including the Furnisher obligation to use that code in connection with debts that are extinguished under Mississippi law. If the new account status code is used, other fields should be reported consistent with this change. For example, Experian shall take reasonable steps to educate Furnishers that the monthly payment shall be reported with a blank field, or as a {$0.00}, the payment rating shall be reported with a blank field or as a 0, the current balance and amount past due shall be reported as {$0.00}, and the date of first delinquency shall not be updated or reaged. Nothing herein is intended to nor shall be construed as prohibiting Experian from reporting the amount extinguished, the date of extinguishment, or any or all pre-extinguishment account history ( e.g., derogatory pre-extinguishment delinquencies and balances ).

Article V Paragraph B, sections, iii, vii, and viii Regarding the settlement requirements for Experian regarding disputes  and reinvestigations by Mississippi Consumers pursuant the terms and conditions of the aforementioned settlement agreement. This includes the settlement requirement to not only provide documents provided by Mississippi consumers as part of the dispute to the FOI 's in relation to the dispute, but also to review the documents provided by a specific Experian agent to allow for the changes to be performed by Experian based on the review of the documents thus adhering to the language in the FCRA regarding the CRA 's requirement to maintain accurate information in consumers credit files. Finally the settlement stipulates that in its decision, Experian is to provide to Mississippi consumers that documents the furnishers actions, review and certification of compliance. 

iii. Improving Notifications to Consumers on Reinvestigation Results a. Following Experians reinvestigation of a consumer dispute, Experian shall provide Mississippi Consumers a notice that contains standardized elements regarding the nature of the reinvestigation and post-dispute options for the consumer, which notice shall supplement, and not supplant, any notices Experian are currently required by law to provide Mississippi Consumers. Such standardized elements shall include, but are not limited to, an explanation of : 1. the actions taken by Experian regarding the consumers dispute, including, if applicable, contact information for any Furnisher involved in responding to the dispute, a description of the role played by the Furnisher in the reinvestigation process, and an explanation of the Furnishers certification of compliance that governs the Furnishers investigative obligations ; 2. the results of the consumers dispute, including, if applicable, the specific modification or deletion of information that was made to the consumers file following the reinvestigation ; vii. Review of Supporting Dispute Documentation Submitted by Consumers a. Subject to Section V ( B ) ( vii ) ( b ) below, Experian shall utilize a process designed to assure that during its reinvestigation of a dispute of any item of information contained in a consumers file, if a consumer submits Supporting Dispute Documentation and Experian does not otherwise modify the information in the manner requested by the consumer, the Supporting Dispute Documentation shall be reviewed by an Experian agent with discretion to make a determination whether to make the change requested by the consumer on the basis of the Supporting Dispute Documentation.

viii. Dispute Documents Experian shall not only continue to provide notice of a consumer dispute to a Furnisher, in accordance with the FCRA, 15 U.S.C. 1681i, but shall also continue to include with the notice all relevant information, including all relevant documentation, provided by the consumer. 

This dispute of these legally extinguished accounts, and attached verification of the correct DOFD 's from the internal account records of XXXX XXXX XXXX produced subsequent to a direct dispute submitted to XXXX XXXX, XXXX  requires these legally destroyed, and OBSOLETE accounts to be DELETED IMMEDIATELY. 

Please provide me with a description of the reinvestigation procedure for all items disputed as stipulated by the FCRA 15 U.S.C. 1681 and the heightened requirements agreed upon in the SETTLEMENT AGREEMENT AND RELEASE between The State of Mississippi and Experian Information Services.

Please provide me with the source of information for all items, to include verifiable original creditor account level  documentation with original signatures. 

Please send me all information contained in my personal credit file Please send me an updated copy of my credit report Please send me a copy of the ACDV forms sent to the furnishers, including verification and certification of the inclusion of attached documentation, and the return forms, AUDs, received back by you. 

I declare that all facts cited in this DISPUTE and DEMAND for IMMEDIATE DELETION pursuant to the FCRA 15 U.S.C. 1681 are accurate under the fear of perjury, Respectfully submitted, XXXX XXXX XXXX SS # XXXX-XXXX-XXXX XXXX XXXX XXXX XXXX, MS XXXX C.C. Consumer Financial Protection Bureau C.C. State of Mississippi Attorney General 's Office C. C. XXXX XXXX XXXX, XXXX XXXX and XXXX, Attorneys at Law Please find also the following attachments : A copy of my Drivers card to verify my identity. 

Copy of letter from the Executive Office of XXXX XXXX XXXX   produced due to a direct dispute of the accuracy of the accounts referenced above and which stipulate the DOFD 's to be in XX/XX/XXXX and XX/XX/XXXX, not the DOFD 's being reported  on my credit report which are also clearly beyond the seven year FCRA period of reporting negative information on a credit report. 

Copy of the press release from the State of Mississippi Attorney General 's Office A sworn and notarized Affidavit denoting that this is not a suspicious dispute, and that the dispute is directly from me, that the request for complete investigation pursuant the Fair Credit Reporting Act regarding the above disputes is indeed from me, and noting that the attachments referenced herein were attached to this dispute notice. 

Copy of Mississippi Statute Annotated 15-1-3 Case citations reflecting orders from the Mississippi  Supreme Court referring to Mississippi Code Annotated 15-1-3, and its predecessors, adjudicating on its plain language, and affirming that its unambiguous construction is radical in  nature, and legally extinguishes, and destroys the original debt, and all its incidents at the running of the statute of limitations in cases before the Supreme Court for the State of Mississippi.

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