Consumer complaint received 2022-06-30
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
XXXX Bank, Experian and XXXX are collaboratively and continually in violation of the federal Fair Credit Reporting Act ( FCRA ) for FALSE and FRIVOLOUS reporting and their continuous refusal to remove their FALSE AND FRIVOLOUS report which destroyed, causing damages, my otherwise Excellent credit stature. 
In XX/XX/XXXX, XXXX Bank inaccurately reported to Experian and XXXX that my account was 30 days late for {$19.00}, when in reality it was merely a shortage of on-time remittance by {$4.00} and only because XXXX wrongfully refunded my credit balance without my request which caused the shortage and they further failed to notify me or send me a Notice of Short payment which if they did, could have easily been paid instantly on the same day. In lieu of a legal notification, XXXX levied a 111 % XXXX XXXX of {$4.00} which increased the shortage due to {$9.00}. 
Because of XXXX false adverse reporting to the credit bureaus, even for such a minimal amount of {$4.00} ( or {$9.00} or {$19.00} ), my credit score plunged by XXXX points from XXXX ( EXCELLENT ) to XXXX ( Good ). The credit scoring system of Experian and XXXX is defective. 
XXXX  XXXX XXXX XXXX XXXX : the law does not care for small things ; the law does not bother with trifles. XXXX reporting to the CRAs of an insignificant dollar amount of {$4.00} ( or {$9.00} or {$19.00} ) is considered FRIVOLOUS by law and should not even have been reported to and by Experian and XXXX in the first place. Something or some act which is de minimis in interest is one which does not rise to a level of sufficient importance to be dealt with judicially. Trifles, or matters of a few dollars or less. 121 F. 2d 829, 832. A crime which is de minimis may be dismissed under the Model Penal Code and similar statutes. Model Penal Code Section 2.12 Paying late is not even a crime. But XXXX Bank and Experian XXXX XXXX are treating it like it is. Therefore, based on de minimis doctrine, this petty reporting ( even assuming it were accurate, which it is NOT ) should be deleted immediately. 
Please also take note that this incident happened during the time-period when the Global Coronavirus-19 pandemic was still ongoing, when the US government, being very considerate, initiated the FORGIVENESS of loans and imposed the EVICTION MORATORIUM and the FORECLOSURE MORATORIUM, when utility companies like the Gas Company posted OVERDUE BILLS FORGIVENESS on its website, when banks ( except XXXX Bank ) were not charging or were waiving late fees and interests for REAL late payments. Yet, why was XXXX the only contrarian bank that is doing the exact opposite of governmental actions and continuing to report a trivial and fake information that is in violation of the federal Fair Credit Reporting Act ( FCRA )? 

Background : In XXXX, XXXX XXXX XXXX XXXX credit card issued by XXXX Bank was recommended to me by my Timeshare company, XXXX ( whose name is imprinted on the card, implying their affiliation ), and I only accepted it, so Worldmark could automatically charge my quarterly maintenance dues every XXXX day of XXXX, XXXX, XXXX, and XXXX, and in turn, my Bank was set up to AUTOPAY XXXX on the XXXX ( 2 days before the XXXX due date ) every XXXX, XXXX, XXXX and XXXX. 
Please take note, that due to my excellent credit standing, I am one of the very few owners who still pay the maintenance dues for years XXXX and XXXX even though the resorts were closed in XXXX and partially in XXXX, even though my scheduled vacations were cancelled and my unused points were forfeited due to the XXXX pandemic. I wonder why the XXXX  XXXX XXXX XXXX did not impose a Maintenance Dues Moratorium in XXXX and XXXX when the resorts were closed and no maintenance dues were actually paid by the Timeshare companies like XXXX and XXXX XXXX ( my other timeshare ). Other owners just stopped paying by themselves during XXXX and XXXX, except me. 
All my accounts are set up on XXXX, so I am never late with any company ( as you can verify from my credit reports for the past three decades ), including XXXX. In my first year with XXXX in XXXX, I had always overpaid and ended up with CREDIT BALANCES, and I never, never called them to ask for a refund of my credit balances. But for the first time on or about XX/XX/XXXX, without my request, XXXX suddenly refunded my credit balance from my XXXX overpayment, which therefore caused my next payment to be short by {$4.00}. I was not aware of the refund or the resulting shortage because I never received my statement or any notice, by phone, email, or mail, which if they had communicated with me, I could have paid INSTANTLY way before it became overdue and assessed a 375 % late fees. 
Additionally, on top of the late fees & interests and the unnecessary ADVERSE REPORTING to the CRAs by virtue of the De Minimis doctrine, for a minute {$4.00}, again without notification, XXXX surreptitiously suspended my card and declined the charge of {$180.00} made by their supposed affiliate XXXX on XXXX. 
In XX/XX/XXXX, I received a phone call followed by a first-time-ever dreaded collection letter from XXXX, attempting to collect the {$180.00} plus late fee and interests. XXXX Bank also managed to destroy my perfect payment history of two decades with XXXX. XXXX was also the only time I found out about the {$4.00} shortage and the very HARSH actions undertaken by XXXX bank in the year of the continuing Coronavirus pandemic. 
Instead of me paying {$180.00} directly to XXXX on XXXX up to XXXX without penalty, the money was still automatically paid by my bank, as scheduled, to XXXX on XXXX, two days BEFORE the banks XXXX DUE DATE. In XXXX, their alleged 30 days late amount was still at {$9.00} ( $ XXXX late fee ) and NOT {$19.00}, as they erroneously reported to the CRAs ( which would have been the correct amount only if paid late - AFTER XXXX ). And I ended up with a huge CREDIT BALANCE of {$160.00} with XXXX Bank since XXXX which, IRONICALLY, they kept and used my money for three months ( up to XX/XX/XXXX ), despite my request ( this time ) in XXXX for a refund and they never paid me any interests, like the 375 % interests & fees they charged me for a mere {$4.00}. 
Yet, instead of reporting a ( {$160.00} ) CREDIT BALANCE on my credit reports in XXXX, XX/XX/XXXX, and XX/XX/XXXX, XXXX erroneously reported a XXXX balance, and they still failed to remove the erroneous {$19.00} - 30 days late negative report.

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