Consumer complaint received 2023-02-24
Company: Experian Information Solutions Inc.
State: IL
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:
Dear XXXX, I am filing a complaint against Experian, a credit reporting agency, and XXXX XXXX XXXX XXXX XXXX a debt collector, for violating the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). This complaint is based on new evidence, which includes a letter from the original creditor confirming that the alleged debt, which was collected and in question, was canceled due to fraud before XXXX XXXX XXXX XXXX collected it, and that XXXX XXXX XXXX had already been informed of the cancelation. 

Despite being aware that the account had been closed and the balance canceled due to fraud, Experian knowingly furnished false information from XXXX XXXX XXXX XXXX, which continued to illegally collect the canceled debt, and continues to report the debt as collected, to support this consumer violation. XXXX XXXX XXXX XXXX violated Section 1681s-2 ( a ) ( 1 ) ( A ) of the FCRA, which requires furnishers of information to credit reporting agencies to have policies and procedures in place to ensure the accuracy of the information provided. Similarly, by conducting a lousy investigation, Experian violated this provision by continuing to falsely report the canceled debt even after the account had been closed and the balance was canceled due to fraud. 

Furthermore, Section XXXX681s-2 ( a ) ( 3 ) of the FCRA requires that furnishers of information must investigate disputes raised by consumers and correct any inaccuracies found. The original creditor conducted an investigation and confirmed that the account was due to identity theft, the account was then closed due to fraud, and the balance was canceled. XXXX XXXX XXXX XXXX was notified of these facts as indicated in the evidence submitted. However, XXXX XXXX XXXX XXXX disregarded and violated this provision by continuing to collect the debt even after the dispute had been resolved and the account closed. 

XXXX XXXX XXXX XXXX continued to collect the debt and maliciously harassed me with frequent phone calls, letters, and emails, which caused me significant emotional distress and anxiety. I made multiple attempts to resolve this matter with XXXX XXXX XXXX XXXX and Experian in the past few months, including sending written disputes and requesting verification of the debt. However, both companies brushed off my complaints with the inadequate investigation and failed to provide me with the process they followed while investigating this matter. 

In their most recent report, which I acquired today online, Experian is still reporting this inaccuracy. I have attached a page from this report as evidence of their violation of my rights and their responsibilities under the Fair Credit Reporting Act ( FCRA ). 

The behavior of XXXX XXXX XXXX XXXX was malicious, with frequent phone calls, letters, and emails. This behavior coerced me into payment, as a remedy to this harassment, and caused me significant emotional distress and anxiety. Furthermore, XXXX XXXX XXXX XXXX and Experian violated the provisions of the FCRA that require furnishers of information to have policies and procedures in place to ensure the accuracy of the information provided ( Section 1681s-2 ( a ) ( 1 ) ( A ) ), investigate disputes raised by consumers and correct any inaccuracies found ( Section 1681s-2 ( a ) ( 3 ) ), and specifically, XXXX XXXXXXXX XXXX XXXXXXXX failed in its duty as a furnisher of information to consumer reporting agencies ( Section 1681s-2 ( b ) ( 1 ) ).

These violations are further compounded by the provisions of the Fair Debt Collection Practices Act ( FDCPA ) that prohibit debt collectors from making false, deceptive, or misleading representations in connection with the collection of debt ( Section 807 ( 2 ) ( A ) ) and using unfair or unconscionable means to collect a debt ( Sectio

n 807 ( 10 ) ). Therefore, I request that the Consumer Financi
al Protection Bureau ( CFPB ) investigate this matter and take appropriate action against XXXX XXXX XXXX XXXX and Experian credit reporting agency for their violations of Section 1681s-2 ( a ) ( 1 ) ( A ), Section 1681s-2 ( a ) ( 3 ), Section 807 ( 2 ) ( A ), and Section 807 ( 10 ). I also request that XXXX XXXX XXXX XXXX and Experian credit reporting agency be held liable under Section 1681n of the FCRA, which provides for liability for willful noncompliance with the provisions of the Act.

Under this section, any person/agency who/that willfully fails to comply with any requirement of the FCRA with respect to any consumer is liable to that consumer for actual damages suffered by the consumer, as well as for any additional damages. In this case, XXXX XXXX XXXX XXXX and Experian credit reporting agency have willfully violated several provisions of the FCRA, causing me significant financial harm and damage to my credit standing. As a result, I request that they be held liable under Section 1681n for the damages I have suffered, including any actual damages, as well as any additional damages the court or any enforcement body may allow. Section 1681n serves as a deterrent to such entities that may consider willfully violating the provisions of the FCRA.

By imposing significant financial consequences on these violators, the FCRA aims to ensure that consumers have fair and accurate credit reporting and that entities that provide credit information are held accountable for their actions. Therefore, I urge the CFPB to take swift action in investigating this matter and enforcing the provisions of the FCRA, including Section 1681n.

Lastly, I request a better and more competent reinvestigation by Experian of this matter, citing Section 1681s-2 ( a ) ( 3 ) of the FCRA, which requires furnishers of information to investigate disputes raised by consumers and correct any inaccuracies found based on new evidence. 

Thank you for your prompt attention to this matter. 

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 explanation