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 Sir/Madam, I am writing to inform you of your violation of the Fair Credit Reporting Act ( FCRA ) and to offer a final settlement opportunity before pursuing litigation. It is my aim to amicably resolve the issue pertaining to your refusal to remove inaccurate, unverifiable, and invalidated information from my consumer file. If the listed items below are not promptly deleted, I will proceed with legal action in accordance with the FCRA to seek relief and recover the monetary damages entitled to me under Section 616 and Section 617. Please note that a copy of this letter, along with previously sent inaccurate erroneous items, will be submitted as evidence to the Federal Trade Commission and used in pending litigation if you fail to comply with this settlement offer. 

I would like to emphasize that you are currently in direct violation of the FCRA, as the unverified items listed below persist on my credit report, contravening Federal Law. It is your obligation under the FCRA to maintain documented proof from the original creditors to verify the accuracy and ownership of this information. Despite your investigations, you have failed to provide me with any original documentation, such as a consumer contract with my signature, as required by Section 609 ( a ) ( 1 ) ( A ) and Section 611 ( a ) ( 1 ) ( A ). Furthermore, you have not fulfilled the requirement of providing the method of verification as mandated by Section 611 ( a ) ( 7 ). I want to bring to your attention that Section 611 ( 5 ) ( A ) of the FCRA mandates the " prompt deletion of all information which can not be verified. '' It is evident that your agency lacks an understanding of the FCRA, as indicated by the numerous errors I have identified on my credit report. Therefore, allow me to provide a brief breakdown of the FCRA : The Fair Credit Reporting Act is the primary federal law governing the collection, reporting, and sharing of credit information about consumers. It establishes rules on how consumer credit information is obtained, stored, and shared with relevant parties, including the consumers themselves. 

FCRA violations can include creditors providing inaccurate financial information, reporting agencies mixing up individuals ' data due to similar names or social security numbers, and agencies failing to adhere to guidelines for handling disputes. 

Under the Fair Credit Reporting Act, I have the following rights : The right to verify the accuracy of my credit report when required for employment purposes. 
The right to receive notification if information in my file has been used against me in credit applications or other transactions. 
The right to dispute and have the credit bureaus correct or delete incomplete, inaccurate, or unverifiable information in my report. 
The right to remove outdated negative information ( typically after seven years, or ten years in the case of bankruptcy ). 
I demand the immediate deletion of the following items. I have listed the items and the desired outcome below, as they are either inaccurate, unverifiable, or invalidated. I recently experienced denial for extended credit due to these mistakes, causing significant distress : Account involved in litigation " an incorrect high balance, '' an inaccurate date of last activity, " REAGED ACCOUNTS, '' " Reinsertion WITHOUT PROPER NOTICE, '' an undated late pay, a charge-off listed as open, and a collection account with a limit. Your improper pr : XXXX XXXX XXXX Account Number : XXXX Please remove it from my credit report. 
The following personal information is incorrect : DATE OF BIRTH : XXXX The following personal information is incorrect : CURRENT ADDRESS : XXXX XXXX XXXX XXXX, XXXX, AZ XXXX The following personal information is incorrect : CURRENT ADDRESS : XX/XX/XXXX The following personal information is incorrect : PREVIOUS ADDRESS : XXXX XXXX XXXX, XXXX, AZ XXXX The following personal information is incorrect : PREVIOUS ADDRESS : XX/XX/XXXX The following personal information is incorrect : PREVIOUS ADDRESS : XXXX XXXX XXXX XXXX XXXX XXXX, AZ XXXX XXXX following personal information is incorrect : PREVIOUS ADDRESS : XX/XX/XXXX Account involved in litigation " an incorrect high balance, '' an inaccurate date of last activity, " REAGED ACCOUNTS, '' " Reinsertion WITHOUT PROPER NOTICE, '' an undated late pay, a charge-off listed as open, and a collection account with a limit. Your improper pr : XXXX Account XXXX : XXXX Please remove it from my credit report. 
The following personal information is incorrect : CURRENT ADDRESS : XXXX XXXX XXXX XXXX, XXXX, AZ XXXX The following personal information is incorrect : CURRENT ADDRESS : XX/XX/XXXX The following personal information is incorrect : PREVIOUS ADDRESS : XXXX XXXX XXXX, XXXX, AZ XXXX The following personal information is incorrect : PREVIOUS ADDRESS : XX/XX/XXXX The following personal information is incorrect : ALSO KNOWN AS : XXXX XXXX XXXX The following personal information is incorrect : CURRENT ADDRESS : XXXX XXXX XXXX XXXX, XXXX XXXX AZ XXXX The following personal information is incorrect : PREVIOUS ADDRESS : XXXX XXXX XXXX, XXXX, AZ XXXX The following personal information is incorrect : EMPLOYER : XXXX XXXX XXXX The following personal information is incorrect : EMPLOYER : XXXX XXXX The following personal information is incorrect : PREVIOUS ADDRESS : XXXX XXXX XXXX, XXXX, AZ XXXX The following personal information is incorrect XXXX CURRENT ADDRESS : XXXX XXXX XXXX XXXX, XXXX, AZ XXXX The following personal information is incorrect XXXX PREVIOUS ADDRESS : XXXX XXXX XXXX, XXXX, AZ XXXX The inquiry was not authorized : XXXX XXXX  XXXX. 
Date of inquiry : XX/XX/XXXX Please remove it from my credit report. 
The inquiry was not authorized : XXXX XXXX  XXXX XXXX 
Date of inquiry : XX/XX/XXXX Please remove it from my credit report. 
Furthermore, your actions are in direct violation of 15 U.S. Code 1681n - Civil liability for willful noncompliance, which states that any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer. I am aware of my rights under the Fair Credit Reporting Act and intend to pursue litigation to enforce those rights if these inaccuracies are not promptly addressed. 

Please note that you have 30 days to complete the investigation, as required by the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). I request that you provide a description of the procedure used to determine the accuracy and completeness of the information within 5 days of completing your re-investigation. I am keeping a careful record of your actions, including your Method of Verification. I do not consent to e-Oscar or any means of automated verification.

Failure to respond satisfactorily within 30 days of receiving this certified letter may result in a small claims action against your company, seeking {$5000.00} per violation for the following : Defamation Negligent Enablement of Identity Fraud Violations of the Fair Credit Reporting Act Financial Injury P.S. Please be aware that depending on your response, I may publicize any potential issues with your company through an online press release, including documentation of any potential small claims action. I have also submitted a copy of my complaint to the organizations listed below : CC : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX, Assistant Director of Enforcement, Consumer Financial Protection Bureau, 1700 G. Street NW, Washington, D.C. 205 CC : Consumer Financial Protection Bureau CC : Attorney Generals Office CC : 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 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