Consumer complaint received 2023-05-16
Company: Experian Information Solutions Inc.
State: AZ
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: Investigation took more than 30 days

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Arizona XXXX SS # : XXXX | Date of Birth : XX/XX/XXXX RE : Violation of United States Code Law NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY COMPENSATION UNDER FCRA 15 U.S. Code 1681n Civil liability for willful noncompliance and 15 U.S. Code 1681o Civil liability for negligent noncompliance and 15 U.S. Code 1692k civil liability. 

Dear Experian, I am writing to address the ongoing violation of the Fair Credit Reporting Act ( FCRA ) by your organization. This letter serves as my final written offer of settlement before pursuing litigation to resolve your refusal to delete inaccurate, unverifiable, and invalidated information from my consumer file. If the following items listed below are not immediately deleted, I will proceed with legal action under the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617. Please note that a copy of this letter, along with the previously sent inaccurate erroneous items, will be submitted as evidence in pending litigation and as part of a formal complaint to the Federal Trade Commission should you fail to comply with this settlement offer. 

It has come to my attention that you are in direct violation of the FCRA, as the unverified items listed below still remain on my credit report, disregarding federal law. According to the FCRA, you are required to maintain a copy of the original creditors ' documentation to verify the accuracy of the reported information. However, you have failed to provide me with any original documentation as required under Section 609 ( a ) ( 1 ) ( A ) and Section 611 ( a ) ( 1 ) ( A ). Additionally, you have not provided the method of verification as required under Section 611 ( a ) ( 7 ). I must remind you that under Section 611 ( 5 ) ( A ) of the FCRA, you are obligated to " promptly delete all information which can not be verified. '' To clarify the matter, I would like to provide a brief explanation of the Fair Credit Reporting Act and its implications. The FCRA is the primary federal law governing the collection and reporting of credit information about consumers. It outlines rules on how credit information is obtained, retained, and shared, including provisions for consumers ' rights to verify and dispute inaccurate, incomplete, and unverifiable information on their reports. 

Considering the above, I demand the immediate deletion of the following items due to their inaccuracy, unverifiability, and invalidation. Failure to comply with this request will result in legal action : XXXX XXXX Account Number : XXXX This account has never been paid late, and your reporting is completely inaccurate. I demand an update to this account and the immediate deletion of the inaccurate information. 

XXXX XXXX XXXX Account Number : XXXX This account has never been paid late, and your reporting is completely inaccurate. I demand an update to this account and the immediate deletion of the inaccurate information. 

The following personal information is incorrect : PREVIOUS ADDRESS : XXXX XXXX XXXX XXXX XXXX XXXX, AZ XXXX Unauthorized inquiry without consent : XXXX XXXX XXXX XXXX 
Date of inquiry : XX/XX/XXXX Please remove this inquiry from my credit report. 

There have been no late payments made on this account, and the account is paid as agreed. 

Please remove the late payment notation : XXXX  XXXX Account Number : XXXX I request the correction/update of this inaccurate information on my credit report. 

The following personal information is incorrect : PREVIOUS ADDRESS : XXXXXXXX XXXX XXXX XXXX XXXX XXXX, AZ XXXX By failing to address these inaccuracies, you are in violation of 15 U.S. Code 1681n - Civil liability for willful noncompliance. This violation holds potential civil liability for willful noncompliance under which any person who willfully fails to comply with the requirements imposed by this subchapter is liable to the consumer for actual damages sustained, punitive damages, and attorney 's fees as determined by the court. 

I request that all non-account holding inquiries be removed, as well as a description of the procedure used to determine the accuracy and completeness of the information, as required by Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). Please provide this information within five days of completing your reinvestigation. I do not consent to e-Oscar or any means of automated verification.

Please note that failure to respond satisfactorily within 30 days of receiving this certified letter may result in a small claims action seeking {$5000.00} per violation for the following : Defamation Negligent Enablement of Identity Fraud Violations of the Fair Credit Reporting Act Financial Injury Furthermore, depending on your response, I may publicly detail any potential issues with your company through an online press release, including documentation of any potential small claims action. Copies of this complaint will also be sent to the organizations listed below for their awareness : CC : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX of Enforcement Consumer Financial Protection BureauXXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX CC : Consumer Financial Protection Bureau CC : Attorney General 's Office CC XXXX XXXX XXXX XXXX XXXX : State Senate CC : Federal Deposit Insurance Corporation CC : Comptroller Of The Currency CC : Federal Reserve System CC : Credit and insurance CC : Federal Trade Commission CC : State Regulatory agency CC : California Regulatory agency Division of consumer complaints I expect your prompt attention to this matter. Please take this opportunity to resolve the issue amicably before further legal action is pursued. 

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