Consumer complaint received 2023-08-25
Company: Experian Information Solutions Inc.
State: FL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
XX/XX/2023 Experian XXXX XXXX XXXX XXXX, TX XXXX ATTN Risk Management Officer This is a DEMAND TO COMPLY LETTER with written instruction as it relates to I the consumer pursuant to 15 U.S. Code 1681b ( a ) ( 2 ). Under the Fair Credit Reporting Act it has been established by Congress, your agency role to I the principal, the consumer, in fact is to adopt reasonable procedures to uphold the need to insure that your grave responsibilities fairness, impartiality, and a respect for my right to privacy must be maintained for maximum possible accuracy. Under 15 U.S. Code 1681e ET seq, you may not procure or furnish a consumer report without following 1681b ( a ) ( 2 ) as my written instructions as it relates. There has been a violation of these reasonable procedures because as I showed within my attachments there has been inaccurate and unverifiable information removed from another consumer reporting agency and has not been removed from your system. You should be aware your failure to maintain your reasonable procedures for maximum possible accuracy has resulted in a conspiracy which deprived me of my right pursuant to Truth in Lending Act subsection 1602 ( f ) to extend new credit for myself. This deprivation of my rights is a federal criminal violation under 18 U.S. Code 241. I am well aware of the fact that the reasonable procedures requiring each consumer reporting agency to compile and maintain files on consumers on a nationwide basis shall establish and maintain a notification system jointly with other such consumer reporting agencies pursuant to 15 U.S.Code 1681b ( e ) ( 6 ). 

Understand this is NOT a dispute letter as there is nothing to dispute. I am DEMANDING you, the agent, to follow your fiduciary responsibility to me and remove/delete the following information from my consumer file. This has been an egregious failure to follow your very own reasonable procedures required by the Fair Credit Reporting Act. 

In the attachment included with this letter you will see my identifying information as well as my consumer report from XXXX and Experian which shows I do not have any account of Reported on my XXXX and Experian consumer credit report. However this account is reported with your agency. This should not exist. You must have joint systems to notify each other of this incorrect information as consumer reporting agencies to maintain maximum possible accuracy. This is a violation and failure to maintain your reasonable procedures for maximum possible accuracy and is false and misleading reporting. This information is also incorrect and falsely reports Metro 2 fields which do not match between both XXXX and Experian. I demand this account to be removed from consumer report by your consumer reporting agency for the federal law violation of failure to maintain your reasonable procedures for maximum possible accuracy and violation for failing to promptly deleting that item of information as required for treatment of inaccurate or unverifiable information pursuant to 15 U.S.Code 1681i ( 5 ) ( A ).

Remove/Delete the following account.

1. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate. 
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete this item. 
VIOLATION OF 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by theconsumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agencyfor actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. 

* Please remove all non-account holding inquiries Please note that you have 30 days to complete this investigation, as per the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within ( 5 ) days of the completion of your re-investigation and I am keeping a careful record of your actions, including your Method of Verification. I do not consent to e-Oscar or any means of automated verification. 
Failure to respond satisfactorily within 30 days of receipt of this certified letter may result in a small claims action against your company, seeking {$5000.00} per violation for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violations of the Fair Credit Reporting Act 4. ) Financial Injury P.S. Please be aware that dependent upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action. I am also including a copy of my complaint to the organizations below : CC : Law Firm XXXX , XXXX XXXX XXXX XXXX CC : Assistant Director of Enforcement Consumer Financial Protection BureauXXXX XXXX XXXX XXXX XXXX, D.C. XXXX CC : Consumer Financial Protection Bureau CC : Attorney Generals Office CC : XXXX XXXX XXXX CC : State Senate CC : Federal Deposit Insurance Corporation CC : Comptroller Of The Currency CC : Federal Reserve System CC : Credit and insurance CC : Federal Trade Commission CC : State Regulatory agency CC : California Regulatory agency Division of consumer complaints

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