Consumer complaint received 2022-11-23
Company: Experian Information Solutions Inc.
State: FL
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: Their investigation did not fix an error on your report

Complaint:
In XX/XX/XXXX, I noticed multiple inaccurate credit findings on my report that I had disputed with Experian, XXXX, and XXXX. After the dispute results came back, Experian is continuing to violate my federally protected rights under 15 USC 1681 C-2, 15 USC 1601, 15 USC 6802, 15 USC 6801, and 15 USC 6827 , reporting income on my consumer report per IRS publication 4681- any canceled debts are to be reported as income on a 1099-C form.

I sent this to Experian via Certified Mail that was received on XX/XX/XXXX : " In accordance with the Fair Credit Reporting Act Section 611 ( 15 U.S.C. & 16811 ), I am practicing my right to challenge questionable information that I have found on my personal credit report. Moreover, I also request you investigate the source of these accounts and ascertain that the creditor had a permissible purpose and can verify my complete file information including my full legal name, current address, date of birth, and full social security number. It is my understanding that you will independently investigate these accounts and get back to me with the results within thirty ( 30 ) days after which I authorize you to mail me my updated credit report along with the investigation results of the following accounts. " I sent in my original dispute letter to EXPERIAN by certified mail which was received on XX/XX/XXXX, and I sent the same letter through a CFPB complaint as well. Since then, Experian has yet to remove any unfair/inaccurate accounts from my consumer profile. My rights have been violated under the Fair Credit Reporting Act ( FCRA ) for there is no information that is fair or accurate on my consumer report regarding the following accounts that I had previously disputed. I have submitted multiple CFPB complaints as well as disputes. Experian sent me a letter of their " results '' from my dispute letter. I received this letter in the mail on Tuesday, XX/XX/XXXX. The paperwork is dated XX/XX/XXXX. ( Photos of the letter with an updated credit report will be attached below ). 

These were the accounts that were disputed for inaccurate & unfair credit reporting : 1. XXXX ACCT # XXXX XXXX. XXXX ACCT # XXXX XXXX. XXXX ACCT XXXX XXXX XXXX. XXXX XXXX ACCT # XXXX XXXX. XXXX XXXX ACCT # XXXX XXXX. XXXX ACCT # XXXX XXXX. XXXX ACCT # XXXX XXXX. XXXX ACCT # XXXX XXXX. XXXX ACCT # XXXX Per Experian 's investigation into this matter, they state that they have " updated '' accounts on my behalf on my credit report, however, that is a false statement. Nothing in the reporting on my file has changed or been updated for accuracy. How did Experian verify this information? They never mentioned they verified the information, they stated it is " updated '' but it is not. EXPERIAN did not do its due diligence by completing a fair investigation on these accounts on my behalf. It is their grave responsibility to make sure consumer files are fair and accurate, and mine is not. All of the inaccuracies are STILL reporting on my consumer file and need to be deleted immediately. 

There are multiple violations on each account that have been disputed that need to be rectified immediately. In previous disputes, I have demanded the above companies Cease and Desist from sharing my non-public personal information with non-affiliated third parties. I never consented to this report in the first place, nor gave anyone permission to report on these accounts, or give out my non-public personal information. All of this has been done without my consent. Per the Fair Credit Reporting Act ( FCRA ), the alleged companies have violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681 section 602, which clearly states, " I have a right to privacy. '' 15 USC 1681 Section 604 states, " A consumer reporting agency can not furnish an account without my written instructions. '' The following accounts are in direct violation of the law regarding disclosing my nonpublic personal information ( NPI ) I have previously demanded these companies Cease and Desist from sharing my NPI with non-affiliated third parties ( i.e., XXXX, XXXX, and Experian ) to no avail. 

Per 15 USC 6801a. " It is the policy of the congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers ' nonpublic personal information. '' In addition, these companies are in direct violation of the Gramm Leach Bliley Act. According to the Gramm- Leach Bliley Act of 1999, all financial institutions have an obligation to keep NPI private and not disclosed and offer a CLEAR and CONSPICUOUS offering to OPT-OUT of consumer reporting. This did not take place at all and because of this, my nonpublic personal information was wrongfully shared as a form of identity theft to third parties ( Experian, XXXX, and XXXX ) without my written or verbal consent. 

Please be advised that I have not given this company permission to share my nonpublic personal information. However, I ask this company that if there is a nondisclosure clause in the contract/agreement giving that option to share my nonpublic personal information I ask this company to show me where in the same contract/agreement where I can opt-out of their sharing of my nonpublic personal information. 15 USC 6802 ( B ) 1b the consumer is given the opportunity, before the time that before such information is initially disclosed, to direct that such information not to be disclosed to a such third party. 15 USC 6802 ( B ) 1c the consumer is given an explanation of how the consumer can exercise that non-disclosure option. In the above-mentioned Consumer Credit Transaction , without giving me the opportunity to opt-out, this company furnished my nonpublic personal information to nonaffiliated third parties ( i.e., XXXX, XXXX, and Experian XXXX. With that said, this company has not only infringed on my rights to privacy but also violated multiple federal laws. I with this request that this company removes the above-mentioned information from my consumer credit report In addition, all of these accounts are reported as charge-offs, which is a violation. Debt and income BOTH can not be reported on a consumer profile. These accounts are reporting a charge-off status & are reporting income on my consumer report. Per IRS publication 4681- any canceled debts are to be reported as income on a 1099-C form, a form that I never received, These companies never sent me a 1099-C form, they took advantage of the tax write-off and are reporting income on my consumer file. 

Additionally, XXXX has already DELETED the following accounts from my consumer report due to inaccuracies, and I demand EXPERIAN do the same. I'm demanding EXPERIAN file suit per 15 USC 1681 ( D ) " Any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall implement an automated system through which furnishers of information to that consumer reporting agency may report the results of an investigation that finds incomplete or inaccurate information in a consumers file to other such reporting agencies. '' ACCOUNTS XXXX ALREADY DELETED FROM CONSUMER FILE XXXX. XXXX ACCT # XXXX XXXX. XXXX ACCT # XXXX XXXX. XXXX XXXX ACCT # XXXX XXXX. XXXX ACCT # XXXX XXXX. XXXX ACCT # XXXX XXXX. XXXX ACCT # XXXX XXXX. XXXX ACCT XXXX XXXX XXXX  ACCT # XXXX XXXX THIS ACCOUNT IS REPORTING INCOME ON MY CONSUMER FILE AS WELL AS A CHARGE-OFF STATUS EVERY MONTH. THIS IS UNFAIR AND INACCURATE CREDIT REPORTING. 

XXXX ACCT # XXXX - THIS ACCOUNT IS REPORTING INCOME ON MY CONSUMER FILE. VIOLATION PER IRS PUBLICATION XXXX. 

XXXX XXXX ACCT # XXXX - THIS ACCOUNT IS REPORTING INCOME ON MY CONSUMER FILE. A VIOLATION OF THE IRS PUBLICATION XXXX. THIS ACCOUNT IS ALSO REPORTING A CHARGE-OFF STATUS EVERY MONTH, WHICH IS UNFAIR AND INACCURATE. 

XXXX XXXX ACCT # XXXX - THIS ACCOUNT IS REPORTING INCOME ON MY CONSUMER FILE. VIOLATION OF THE IRS PUBLICATION XXXX. THIS COMPANY IS ALSO REPORTING A CHARGE-OFF STATUS EVERY MONTH. 

XXXX ACCT # XXXX THIS COMPANY IS REPORTING INCOME ON MY CONSUMER FILE. VIOLATION PER IRS PUBLICATION XXXX FOR CANCELS DEBTS. THIS ACCOUNT IS ALSO REPORTING A CHARGE-OFF STATUS EVERY MONTH. 

XXXX ACCT # XXXX CB/VICSCRT ACCT # XXXX THESE ACCOUNT ( S ) ARE REPORTING TWO DIFFERENT ACCOUNT NUMBERS ( CLAIMING THERE ARE TWO ACCOUNTS WITH BALANCES ) AND ALSO REPORTING INCOME ON MY CONSUMER FILE. VIOLATION OF IRS PUBLICATION XXXX FOR CANCELED DEBTS. 

Per 15 USC 1681 A ( 3 ) - all the ABOVE stated ACCOUNTS on my consumer profile were assumed without my consent and without my permission. Under 15 USC 1681, A ( 4 ) EXPERIAN was unfair and partial. I have already filed multiple CFPB complaints as well as a Federal Trade Commission Complaint ( FTC ) on this behalf. EXPERIAN never had a permissible purpose under 15 USC 1681 B ( 2 ). I also never instructed the any of CRAs ( Experian, XXXX, and XXXX ) to furnish this consumer report and never consented to this report in the first place. I am demanding that these inaccurate findings be REMOVED from my file.

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