Consumer complaint received 2019-12-13
Company: Experian Information Solutions Inc.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
In late XX/XX/XXXX, I placed Fraud Alerts on XXXX, XXXX  and Experian.  There were several large accounts that simply weren't mine.  I sought out assistance via credit repair services, and over a year later most of the issue was resolved.  But, as of XX/XX/XXXX there were still 2 issues left on Experian alone - a XXXX XXXX XXXX charge-off for $XXXX, and a dispute over the number of late  payments with XXXX XXXX XXXX.  I can say that the XXXX account was disputed at least 5 times and finally resulted in a removal.  I had checked my credit report on XXXX  (via XXXX).  Experian had finally removed the XXXX XXXX XXXX   account.On XXXX - almost 3 months later, I saw that the XXXX XXXX XXXX charge-off for $XXXX was back on my credit report.I had received no form of communication notifying me of this change.  No letter, no email - nothing.  The following is from the FCRA and states what SHOULD have happened, but did not."(a) Reinvestigations of disputed information(1) Reinvestigation required(A) In generalSubject to subsection (f) and except as provided in subsection (g), if the completeness or accuracy of any item of information contained in a consumer’s file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.(B) Extension of period to reinvestigateExcept as provided in subparagraph (C), the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.(C) Limitations on extension of period to reinvestigateSubparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information cannot be verified.(2) Prompt notice of dispute to furnisher of information(A) In generalBefore the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer or a reseller in accordance with paragraph (1), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller.(B) Provision of other informationThe consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer or the reseller after the period referred to in subparagraph (A) and before the end of the period referred to in paragraph (1)(A).(3) Determination that dispute is frivolous or irrelevant(A) In generalNotwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.(B) Notice of determinationUpon making any determination in accordance with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency.(C) Contents of noticeA notice under subparagraph (B) shall include—(i) the reasons for the determination under subparagraph (A); and(ii) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information."As I understand it, they were supposed to contact me some way, some how to notify me that they were going to re-insert this negative on my account.  They didn't.Another thing that they're doing with this XXXX account - a CHARGE-OFF - is reporting it as a late payment every month.  If a Charge-off is a closed account, how can a closed account be late and reported as late?

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