Consumer complaint received 2023-04-08
Company: Experian Information Solutions Inc.
State: MS
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:
On XXXX I mailed my identity theft report to Experian requesting removal of the fraudulent items. They removed all fraudulent information just as they were supposed to. Unfortunately, they soon thereafter reinserted the account ( XXXX XXXXXXXX ) without following 15 USC 1681i ( 5 ) ( B ) ( ii ) which states they must notify me with a written letter within 5 days of reinsertion. 

I called and expressed to Experian that this was incorrect and fraudulent however they keep redirecting me to speak with the bank which the fraudulent account is with. The problem lies in the fact that the bank is not the one who is publicly furnishing fraudulent information on my consumer report and damaging my reputation. The creditor hasnt even contacted me about this account. Experian is the one which is illegally reporting this fraudulent information on my consumer credit report. 

I need this account removed. It is fraudulent. If Experian can not provide me where my written expressed consent has been given to them ( per 15 USC 1681b ( a ) ( 2 ) ) in order for them to be able to publicly furnish this fraudulent information on my consumer credit report, it needs to be removed immediately. 

I have called many times over the past 2 months in attempt to get this resolved but Experian is not respecting my rights as a consumer. XXXX removed this fraudulent account immediately and will not be reinserting it which is exactly how this manner should be handled. Experian needs to follow suit and respect the consumer just as XXXX has. 

On XX/XX/XXXX I mailed Experian a request for proper validation of this XXXX account that they are reporting on my consumer report. In the letter I demanded that they send me a sworn proof of verification affidavit to show how Experian is legally claiming that the account XXXX XXXX is in fact accurate, valid, and complete ( per 15 USC 1681e ( e ) ( 1 ) ). Because I have never received from Experian any sworn statements, affidavit of truth with notary signature, or any statements under oath - there has been no verification made under U.S. Federal Law. I have also demanded that they have a party identified by position and authority at Experian who has first-hand-knowledge of this matter swearing that I explicitly gave Experian written instruction to furnish the XXXX account on my consumer credit report. I demanded that they state this under oath, with their wet ink signature and have a notary present, on the previously mentioned Proof of Verification Affidavit ( Pursuant to 15 U.S.C. 1681b ). I also informed them that I require to witness the original wet-ink contract that I allegedly signed which created the alleged debt which Experian is furnishing on my credit report. ( Failure to produce the original contract agreement will be evidence of fraud in the claim that I owe any debt and that Experian is allowed by law to report on my credit report. ( Pursuant to XXXX XXXX ) ) In response to this request for proper validation of their legal ability to report this information on my consumer credit report, they sent me a generic response which did not address any of my inquiries and simply states that The creditor reported to us that it is verified. This is NOT a proper validation. 

Per federal law written by US congress, the word verification is defined as : A declaration swearing that statements made in a document are true. Depending on the jurisdiction, verifications are either made under oath or in the presence of a notary public or similarly authorized person. Verifications are traditionally attached to the end of all pleadings that are required to be sworn. Also called an affidavit of verification Experian has repeatedly refused to provide proper verification. 

In addition to being a fraudulent account, this XXXX account is reporting as a charged off account. A charge off is wrote off as bad debt which counts as taxable income for the consumer. Income can not be be reported on a consumer credit report ( per USC 166 ). 

On XXXX I filed another identity theft report on this ( XXXX XXXXXXXX. ) account and on this same day ( XXXX ) I mailed this identity theft report along with a cover letter, a copy of my ID, Social security card, and proof of address to Experian. 

After countless hours spent in attempt to have Experian reporting correctly, I am simply requesting that the accurate information be reporting on my consumer credit report. 

Over these past two months Experian has violated many of my consumer rights, severely harmed my reputation, and negatively impacted me on a mental, emotional, and social level. 

I have attached all relevant supporting documentation, please investigate these attachments in addition to thoroughly reading this complaint.

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