Consumer complaint received 2023-05-29
Company: Experian Information Solutions Inc.
State: NJ
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Dear Consumer Financial Protection Bureau, I am writing to report significant violations of consumer law by Experian, one of the credit bureaus responsible for maintaining accurate credit information. It is imperative that these violations are addressed promptly and appropriately. 

Firstly, I want to emphasize Experian 's troubling practice of deleting prior dispute results from their records. After the initial dispute investigations, Experian has deleted derogatory information from my credit report. However, they have repeatedly failed to retain these deletion records, leading to the re-reporting of previously deleted accounts. This practice not only undermines the integrity of the dispute process but also violates the Fair Credit Reporting Act ( FCRA ) by misrepresenting accurate credit information. 

I request that the Consumer Financial Protection Bureau ensures Experian is held accountable for this practice and mandates the preservation of all dispute results and deletion records. It is crucial to maintain a comprehensive record of dispute resolutions for the sake of transparency and to prevent the re-reporting of previously deleted accounts. 

Additionally, I kindly request that Experian is instructed to provide me with a free updated copy of my credit report, including all prior dispute results on file. This will enable me to review the accuracy of the information and ensure that the necessary corrections have been made. It is my right as a consumer to receive this information, and Experian must comply with this request in a timely manner. 

Furthermore, I want to stress the importance of having only one name, one address, and one phone number on my credit report. Any additional names, addresses, or phone numbers that are not accurate or have been falsely associated with my credit file must be promptly removed. This action is essential to comply with the FCRA, which mandates the accurate reporting of consumer information and prevents the inclusion of inaccurate or fraudulent data. 

I urge the Consumer Financial Protection Bureau to thoroughly investigate these violations by Experian and take appropriate action to rectify the situation. It is crucial to ensure that Experian adheres to consumer protection laws, upholds fair credit reporting practices, and respects consumers ' rights. 

Thank you for your attention to this matter. I anticipate a swift resolution and the restoration of accurate credit reporting practices. 

I am writing to bring to your attention the serious violations of consumer law committed by the credit bureaus, specifically XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and Experian. These violations include but are not limited to the following : Failure to comply with 15 USC 1692g Section 809 ( b ) - Request for validation : Under this section, I have the right to request validation of the alleged instruments of indebtedness. However, the credit bureaus have failed to provide me with the original loan documents containing my signature, as required by Section 609 ( a ) ( 1 ) ( A ) of the FCRA. They have only replied " VERIFIED '' in their response with no real proof, which do not fulfill the legal requirement for verification. 

Inaccurate Reporting and Violation of 15 USC Section 1681e - FCRA Violation : The credit bureaus have reported inaccurate information on my credit file, which is a clear violation of 15 USC Section 1681e. This includes reporting fraudulent late payments, negative loan and credit card accounts, and unauthorized hard inquiries. These false and misleading representations are illegal under 15 USC Section 1692e. 

Willful and Negligent Noncompliance with the FCRA and Consumer Law : Despite my previous dispute investigations that resulted in the deletion of derogatory information, the credit bureaus have continued to report inaccurate and unverified items on my credit report. This willful and negligent noncompliance with the FCRA is a violation of Section 616 and Section 617, which provide civil liability and remedies for consumers in such cases. 

Violation of 15 USC Section 405 ( a ) - Reporting Deleted Information : According to 15 USC Section 405 ( a ), once information has been deleted as a result of fraud, it can not be reported again. However, the credit bureaus have persisted in reporting deleted accounts and hard inquiries, which is a clear violation of the FCRA. 

Failure to Remove Unverifiable Information within 30 Days - Violation of FCRA : Under the FCRA, the credit bureaus have a legal obligation to promptly delete unverifiable information from my credit file within 30 days. However, they have failed to do so, which is a violation of the FCRA, FDCPA, and UCC 1-308. 

Failure to Produce Alleged Instruments of Indebtedness, Inaccurate Reporting, and Violations of Consumer Laws To whom it may concern, I am writing to bring to your attention a concerning issue regarding the credit bureaus and their non-compliance with consumer protection laws. Specifically, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and Experian have failed to follow consumer laws and have willfully denied conducting an adequate investigation by refusing to produce evidence. This letter aims to highlight the laws that have been violated by the credit bureaus and request immediate action to rectify the situation. 

Under the Fair Credit Reporting Act ( FCRA ), I am a victim of identity theft, and I have enclosed a copy of the police report/identity theft report, along with a copy of my driver 's license, social security card, and proof of my current address, as evidence of my identity. I am requesting the removal and blocking of all other inaccurate alleged addresses on my credit file, as mandated by the FCRA. These inaccuracies must be promptly deleted. 

I hereby request that you place an immediate block on the following fraudulent hard inquiries and inaccurate data on my credit file within four days of receiving this correspondence. Once your investigation is complete, please send an updated report of my credit file to all secondary credit reporting bureaus, including XXXX, XXXX, XXXX XXXX, XXXX, XXXX, XXXX, XXXX XXXX, and XXXX XXXX, as well as any other entities you are affiliated with directly or indirectly. Kindly send the updated credit report to me at the provided mailing address, as well as to all lenders, banks, credit unions, and entities that have requested my credit file over the past 33 years, with proof of the timestamped delivery. 

Furthermore, I request a fraud alert to be placed on my credit file. Only my address and phone number provided in this letter should appear on my credit file ; all other information is inaccurate and should be promptly deleted under the FCRA sections 619, 623, 15 U.S. Code 1602, 15 U.S. Code 1681, and 15 U.S. Code 1692c. It is important to note that according to 15 USC 1692e, you are legally prohibited from reporting anything that has been deleted as a result of fraud, including all closed accounts and hard inquiries, as this is considered false and misleading information. Furthermore, as per 15 USC 405 ( a ), fraudulent closed accounts must be blocked from my credit file, rendering 15 USC 405 ( b ) null and void. The credit bureaus ' continuous reporting of inaccurate information is a clear violation of the FCRA. 

I must emphasize that I am a litigious consumer, and you are required under the FCRA to have a copy of the original creditor ( s ) documentation on file to verify the accuracy of the reported information. This documentation must include the original loan document with my signature and should not be a photocopy or duplicate. I have no knowledge of the accounts in question, and unverifiable information must be removed within 30 days ; failure to do so would constitute a violation of the FCRA, FDCPA, and U.S. and UCC 1-308. Despite multiple written requests, the unverified items listed below continue to remain on my credit report, in clear violation of federal law. 

In accordance with my rights under the FCRA, I demand that the following accounts be verified with the original instruments of indebtedness or deleted immediately : XXXX XXXX : {$1200.00} XXXX : {$3900.00} XXXX XXXX XXXX : {$2100.00} XXXX XXXX  : {$1000.00} XXXX XXXX  : {$3200.00} Additionally, I have identified several fraudulent hard inquiries on my credit file that I did not authorize. The following are the inquiry dates and associated entities : XXXX  XXXX  ( Finance ) : XX/XX/XXXX XXXX XXXX XXXX ( XXXX  ) : XX/XX/XXXX XXXX  : XX/XX/XXXXXXXX XXXX XXXX XXXX : XX/XX/XXXX XXXX XXXX  XXXX. : XX/XX/XXXX XXXX : XX/XX/XXXX XXXX : XX/XX/XXXX XXXX XXXX  XXXX : XX/XX/XXXX XXXX : XX/XX/XXXX XXXXXXXX XXXXand : XX/XX/XXXXXXXX XXXX XXXX XXXX : XX/XX/XXXX, XX/XX/XXXX XXXX XXXX : XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX  : XX/XX/XXXX, XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XX/XX/XXXX I urge you to delete and block all unverifiable information from my credit file within 30 days, as mandated by the FCRA. Any late payments reported on my credit file are illegal under 15 USC 1681a ( 2 ) ( A ) ( i ) and must be promptly deleted. Negative loan and credit card accounts are also illegal under 15 USC Section 1681 ( 2 ) ( B ). Furthermore, according to 15 USC Section 6802, I have the right to opt out of reporting from the alleged fraudulent accounts associated with these credit card companies. 

It is essential to comply with the FCRA regulations and consumer law. I request that all documents related to your investigation be sent to my address for record-keeping purposes. Additionally, please provide me with an updated credit report in the mail, in accordance with FCRA statutes and regulations. 

I kindly request that you promptly block and delete the fraudulent information mentioned above, as outlined in the FCRA sections 605 ( a ), 611, 613, 615, and 623 ( a ) ( 6 ). Failure to update my credit file with accurate information after this final attempt will result in all letters being mailed directly to the Consumer Financial Protection Bureau ( CFPB ). I will also file a formal complaint with the CFPB and consider pursuing litigation for the willful non-compliance with the FCRA and consumer law. 

Please be aware that this is not a regular dispute ; I have already filed a complaint with the Federal Trade Commission ( FTC ) and a police report regarding my identity theft. Therefore, immediate action is necessary to rectify this situation. 

Thank you for your attention to this matter. I look forward to a prompt and thorough investigation, followed by the appropriate actions to rectify the violations and update my credit file accordingly. 

These examples demonstrate a systematic pattern of noncompliance with the FCRA and consumer law by the credit bureaus. Their actions have caused significant harm to my credit profile, making it essential for immediate action to rectify the violations and update my credit file accordingly. 

I kindly request that the Consumer Financial Protection Bureau thoroughly investigate these violations and take appropriate measures to hold the credit bureaus accountable for their noncompliance with consumer protection laws. It is crucial to protect consumers ' rights and ensure fair and accurate credit reporting practices. 

Thank you for your attention to this matter. I look forward to a swift resolution and the restoration of my rights under the FCRA.

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 non-monetary relief