Consumer complaint received 2023-11-28
Company: Experian Information Solutions Inc.
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
According to 15 U.S.C 1681e ( b ) the consumer reporting agencies must maintain reasonable procedures to assure maximum possible accuracy of the information concerning the individual to whom the report relates. 

I've disputed and made the consumer reporting agencies aware of the inaccurate information contained on my consumer file including the non-mailable addresses, the late payment information being furnished on the account XXXX XXXX Account number : XXXX. And the account XXXX XXXX. This information continues to come back verified and accurate. I've also made XXXX, XXXX, and Experian aware they must prove the accuracy of each item of information within the dispute and how they are in compliance with the law. 

In order for the late payments information on the XXXX XXXX account to be proven as accurate, Experian, XXXX and XXXX must have each periodic statement required by law for each alleged late payment. 

According to 15 U.S.C 1666b a creditor ( in which is referring to XXXX XXXX. ) can not treat a payment as late for any reason unless the creditor has adopted reasonable procedures ensuring each periodic statement contains the information required from section 1637b and mailed or delivered to the consumer no later than 21 days before each payment due date. 

According to federal law, a payment can only be treated as late if the previously mentioned conditions in 15 U.S.C 1666b has been met. The consumer reporting agencies must have and provide the following information from XXXX XXXX to prove the accuracy of the information being furnished on my consumer file and how they are in compliance with the law. 

Each periodic statement mentioned in 15 U.S.C 1666b for each late payment Each periodic statement showing the requirements in 15 U.S.C 1637 b Prove that the notice was mailed or delivered to me no more than 21 days before each payment due date. 

I've requested the following documents from XXXX XXXX, Experian, XXXX, and XXXX and they have failed to prove and provide such information therefore making each late payments information inaccurate. 

According to 15 U.S.C 1681i 5 ( A ) If the item of the information is found to be inaccurate, incomplete, or can not be verified, the consumer reporting agencies must promptly delete or modify/update the item of information. 



In addition, the consumer reporting agencies are furnishing a charge off/collection account XXXX XXXX account number XXXX in the alleged debt amount of {$1100.00}. Such debt being reported is an alleged debt and I do not owe any amount of the alleged debt. Ive made notice of such violations, misleading and inaccurate information to each company. Ive also sent a Cease and Desist Notice to the following company in regards to the account and amount. 

According to the IRS Publication 4681- Charge off information, A charge off is considered a Certificate of indebtedness. Which means it is income. income can not be reported to my consumer file, the reporting of this alleged debt on my consumer file as a charge off or collection, makes it inaccurate. All information contained within my consumer file must be accurate, and in order for it to be accurate they must provide proof of accuracy and how they are in compliance with the law. 

15 U.S. Code 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' These accounts are adverse items they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. 

The consumer reporting agencies must report 100 % accurate information and the law prohibits inaccurate information being furnished on consumers files. 
Any information mentioned herein being furnished on my consumer file it must be proven and in the event it can not be verified and proven, XXXX, XXXX, and Experian must promptly delete or modify/update the item of information. 

Furthermore, Ive included documentation with my current mailing address. Please update according.

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