Consumer complaint received 2023-02-16
Company: Experian Information Solutions Inc.
State: LA
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:
Experian XXXX XXXX XXXX XXXX XXXX XXXX To Whom it may concern : Pursuant to 15 U.S. Code 1681i ( 1 ) ( A ) ( B ) ( C ) this is not another dispute or opportunity for you to reinvestigate a previous dispute. The allowable period to conduct such a reinvestigation has expired and shall not be extended by law.

Pursuant to 15 U.S. C. 1681n - Civil liability for willful noncompliance. This is a DEMAND FOR MONETARY RELIEF as prescribed by law for EXPERIAN violating the FCRA Section 607 ( b ) and 15 U.S. Code 1681e ( b ) by failure to use reasonable procedures to ensure maximum accuracy.

Firstly, and foremost, I am a consumer as defined under 15 USC 1681a ( c ). The term Consumer means an individual. 

I mailed a dispute via Certified U.S. Mail ( XXXX XXXX XXXX XXXX XXXX ) to Experian requesting that Experian DELETE the XXXX XXXX XXXX  account from Experian consumer report due to FCRA violations. The Certified Mail Receipt shows that Experian received my dispute on XX/XX/XXXX. According to the FCRA Experian had 15 days to comply with 15 U.S. Code 1681i ( 1 ) ( A ) ( B ) ( C ). 

I have already disputed the XXXX XXXX XXXX account several times in the past, so, therefore Experian does not get another 30 days to reinvestigate a previous dispute. 

According to the FCRA Experian was required to conduct a reasonable reinvestigation of the disputed information as I requested per U.S. Code 15 U.S.C. 1681 et seq. Section 604 of the FCRA. ACDV form is not sufficient as per the above sited laws. 

On XXXX XXXX, The Eleventh Circuit Court of Appeals ruled that CRAs can not only use ACDV forms to verify consumer disputes. The Court stated that ACDV forms are not deemed as a reasonable investigation as a matter of law.

Experian has failed to meet its statutory obligations and is knowingly and willfully reporting false, inaccurate, incomplete, and misleading information on my consumer report. This has resulted in damage to my reputation, character, and credit worthiness.

EXPERIAN has not conducted a proper reinvestigation of my disputes as mandated by the FCRA. EXPERIAN has violated the FCRA Section 607 ( b ) and 15 U.S. Code 1681e ( b ) by failure to use reasonable procedures to ensure maximum accuracy. According to the provisions of the Fair Credit Reporting Act 611 ( a ) [ 15 USC 1681i ( a ) ], the disputed information must be DELETED from my Experian consumer report within 5 days of receipt of this NOTICE.

EXPERIAN is engaging in fraudulent, deceptive, and unfair business practices by violating my Consumer Rights, the FCRA, The Comprehensive Consumer Credit Reporting Reform Act of 2016. 

Please DELETE the XXXX XXXX XXXX account immediately due to FCRA violations.

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