Consumer complaint received 2023-06-09
Company: Experian Information Solutions Inc.
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
Dear Experian I am writing to address a matter concerning my consumer report and the non-compliance with the Fair Credit Reporting Act ( FCRA ) on your part. I am deeply concerned about the negligent handling of my personal information and the failure to adhere to the regulations set forth by the FCRA. 

On XX/XX/2023, I submitted a demand to XXXX requesting the immediate removal of an account from my consumer report. The account in question is a result of identity theft, as evidenced by the exhibits enclosed herewith as Exhibit B, and exhibit R I urge you to review the enclosed exhibits carefully to fully understand the severity of the situation. 

On or about XX/XX/2023, I received a dispute results from Experian acknowledging the receipt of my demand and confirming the deletion of the account from XXXX XXXX XXXX, as stated in Exhibit ( A ). This contradictory response indicates a lack of internal communication and adherence to proper procedures, further adding to my distress. 

Experian failure to comply with FCRA 607 ( a ), which mandates the maintenance of reasonable procedures to limit the furnishing of consumer reports to specified purposes listed under section 604, is deeply troubling. Pursuant to 604 ( 2 ), I have not provided you with any written instructions to furnish any report relating to me, nor do you have a permissible purpose to furnish a consumer report on my behalf. Additionally, pursuant to 617 ( 1 ), you are liable to me, the consumer, in the amount of {$5000.00} in damages for emotional distress resulting from your negligent failure to comply with the FCRA provisions. 

Moreover, it has come to my attention that you have obtained information under false pretenses from XXXX XXXX, who is a consumer reporting agency, as defined in the FCRA. This action constitutes a violation of 619, and I hold you liable for fines in the amount of {$5000.00}. 

To resolve this matter amicably and avoid further legal action, i propose the following : Payment : I am willing to settle this matter for a total amount of {$7500.00} in compensation for the damages incurred, including emotional distress. 

Non-Disclosure Agreement ( NDA ) : Upon settlement, both parties enter into a legally binding NDA to maintain the confidentiality of this settlement and the events leading up to it. 

Settlement Release : I kindly withdraw my small claims complaint, releasing and confirming the resolution of this dispute and absolving You from any further claims or liability related to this matter. 

I believe this settlement offer is fair and reasonable, considering the negligence and potential harm caused by XXXX 's actions. By accepting this offer, you will avoid the inconvenience and costs associated with further legal proceedings. Including charges that may be bought up against any person who has a managing control of the company I urge you to address this matter promptly and appropriately, ensuring compliance with the FCRA provisions and the fair treatment of consumers. I request a written response within [ reasonable time frame, e.g., 14 days ] from the date of this letter, indicating your acceptance of this settlement offer and your commitment to resolving this matter amicably. 

Failure to respond or failure to comply with the FCRA regulations will leave me no choice but to pursue further legal action to protect my rights and seek appropriate remedies. 

I look forward to receiving your prompt response and a resolution Please contact XXXX XXXX XXXX Address XXXX XXXX XXXX XXXX ny 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