Consumer complaint received 2017-12-06
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
Your immediate attention to this matter is necessary. As I regularly monitor my credit report for accuracy, I continually discover errors. Most frustrating, these are errors in which I have disputed via email, letters & online requesting corrections under the following sections of the Fair Credit Reporti

ng Act ( FCRA ) 611 & Title 15 of the US Code section 1681 ( e ) ( i ) ( b ) ( ii ) ( 6 ) & ( 7 ) & Section : 523. of the US bankruptcy code. Section : 611 [ 15 U.S.C. 1681 ] ( a ) ( 1 ) ( A ) Section : 611 [ 15 U.S.C. 1681 ] ( 4 ), 611 Section : [ 15 U.S.C. 1681 ] ( 5 ) ( A ) ( I ) Section : 523. Exceptions to discharge Section : 1681e. Compliance procedures Section : 1681i.
Procedure in case of disputed accuracy I have tried every method available and there continues to be insufficient actions taken by Experian to accurately report my credit information on my report, which has caused me and my family catastrophic consequences against my ability to obtain viable employment as well as credit to provide a home for my family.

As you are well abreast, the FCRA & US Bankruptcy Code ; governs your ability to handle ones personal information. This is my final request invoking my statutorily granted rights under the following FCRA law,

Title 15 & Bankruptcy codes. Title 15 1681e . Compliance procedures ( b ) Accuracy of report whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information, concerning the individual about whom the report relates. 1. I have a total of 8 accounts with
XXXX XXXX XXXX. Seven of the 8 accounts are being inaccurately reported. Some of the respective accounts have reached the aging requirement for automatic removal with a Date of First Delinquency of XX/XX/XXXX. While others are close to the aging requirement for removal, Experian continually reports them inaccurately as the Date of First Delinquency of XX/XX/XXXX Experian has blatantly ignored all of my attempts and records supporting any adversity regarding these records for proper correction and accurate reporting status. All records to date with XXXX should reflect one account. The status of that account should be positive.

Title 11 ; Bankruptcy Code States : 523. Exceptions to discharge : ( A ) A discharge under section 727, 1141, 1228 ( a ), 1228 ( b ), or 1328 ( b ) of this title does not discharge an individual debtor from any debt ( A ) ( I ) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution ; or ( ii ) an obligation to repay funds received as an educational benefit, scholarship, or stipend ; or ( B ) any other educational loan that is a qualified education loan, as defined in section221 ( d ) ( 1 ) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual.

2. Per the bankruptcy code Student loans are not discharged in bankruptcy there are 7 loans from the XXXX XXXX XXXX that have been reporting on my Experian credit report as included in bankruptcy for over a year in violation of the bankruptcy reporting requirements. Experian is reporting a date of XX/XX/XXXX. This is in-correct and the reporting date is wrong. My Experian report was not changed until a phone conversation with the XXXX XXXX XXXX agent, myself & Experian agent on a 3 way telephone call only to be change to a collection account for all ( 8 ) accounts on my report dated XX/XX/XXXX I have submitted information that this is the date of my Loan consolidation not a date of collection. the accounts should be corrected and the old accounts removed.

Title 15 1681i. Procedure in case of disputed accuracy ( B ) Requirements relating to reinsertion of previously deletped material ( I ) Certification of accuracy of information if any information is deleted from a consumers File pursuant to subparagraph ( A ), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is Complete and accurate.

FCRA 611 Section : [ 15 U.S.C. 1681n ] 611 ( a ) & Title 15 1681i. ( 7 ) Procedure in case of disputed.

Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description.

3. I have continued to request the incorrect information to be removed from my accounts and I have not received a description of the reinvestigation procedure after as many as eight disputes.

Title 15 1681i. ( 6 ) Notice of results of reinvestigation.

A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after completion of the reinvestigation, by mail or if authorized by the consumer for that purpose, by other means available to the agency.

4. Im presently requesting the items included in this letter be removed and the procedure to correct the items disclosed to me per my legal rights.

Title 15 1681i. ( 5 ) Notice of results of reinvestigation.

If after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall- ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

5. I have spoken to Fed-loan servicing about these ( 7 ) accounts and the XXXX XXXX XXXX about their ( 7 ) accounts, along with Experian to verify the information and to have these items corrected and the incorrect information removed. The XXXX XXXX XXXX & XXXX XXXX has stated they have not been contacted by Experian.

Please be advised that the specific entries associated with this request are listed on the Experian report dated XX/XX/XXXX, which is attached to the end of this letter.

I am sure that you realize from the contents of this letter that I am familiar with my rights and the FCRA laws & Title 11 of the US Bankruptcy code. Furthermore, I have consulted my attorney just in case your entity fails to honor my request under these laws. Failing to fulfill this request, will force me to invoke my statutory rights to damages per Section : 616.Civil liability for willful non-compliance [ 15 U.S.C. 1681n ] ( A ) and ( B ) and Section : 617.Civil liability for negligent non-compliance [ 15 U.S.C. 1681o ] ( a ) ( 1 ) and ( a ) ( 2 ), which reads as follow : Section : 616.Civil liability for willful non-compliance [ 15 U.S.C. 1681n ] ( A ) In general. Any person who willfully fails to comply with any requirement imposed under this title 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 the consumer 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.

Section : 617.Civil liability for negligent non-compliance [ 15 U.S.C. 1681o ] ( A ) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of o ( 1 ) any actual damages sustained by the consumer as a result of the failure ; and o ( 2 ) 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.

I understand that it is imperative for representatives to conduct business that is not only professional and achieves the goals of the request, but that which mitigates the expense of the investigation while maintaining comports of the FCRA laws. No matter how frustrating the task may be, I am hopeful to have an amicable resolution within the stipulated timelines imposed by the FCRA & Title 15 US Code. With that being said, I eagerly await your response with copies of the corrections and the disclosed method and description of the investigative procedure you utilize as resolution.

Thank you for your time. 
Sincerely, XXXX 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 explanation