Consumer complaint received 2017-03-06
Company: Experian Information Solutions Inc.
State: TX
Product: Credit reporting
Issue: Credit reporting company's investigation
Sub-issue: Investigation took too long

Complaint:
Under the Fair Credit Reporting Act, 15 U.S.C. 1681g I have the right to demand that you disclose to me all of the documents that you have recorded and retained in your file at the time of this request concerning the accounts that you are reporting in my credit report. Please do n't respond to my request by saying that these accounts have been verified. Send me copies of the documents that you have in your files that were used to verify them. If you do not have any documentation in your files to verify the accuracy of these disputed accounts then please delete them immediately as required under Section 611 ( a ) ( 5 ) ( A ) ( i ). By publishing these inaccurate and unverified items on my credit report and distributing them to 3rd parties you are damaging my reputation and credit worthiness. 

Under the FCRA 15 U.S.C. 1681i, all unverified accounts must be promptly deleted. Therefore, if you are were unable to provide me with a copy of the verifiable proof/documents that you have on file for each of the disputed items listed in my previous written request within 30 days of receipt of the first compliant with CFPB and request for reinvestigation of inaccurate/unverified items from XX/XX/2016, then you must remove these items from my credit report. You have ignored my request to provided me with the documents that you have in your files that you used to verify the disputed accounts which means that you have NOT verified in pursuant to FCRA standards or you can not verify any of these accounts and under Section 611 ( 5 ) ( A ) of the FCRA - you are required to " ... promptly DELETE all information which can not be verified. '' The law is very clear as to the civil liability and the remedies available to me for " negligent noncompliance '' ( Section 617 ) if you fail to comply with this Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. I demand the following accounts be deleted immediately. In presentment of the following case law : XXXX v. Experian Information Services , Inc., et al, it was ruled that the CRA and the furnisher of information have an implicit obligation to produce written documentation for each account in dispute. In accordance to 15 USC 1681 ( a ) ( 1 ) ( A ), 1681s-2 ( b ), it states that if a " Consumer '' disputes any and/or all information contained in his/her credit file with the CRA, then both the CRA and furnisher have a duty to reasonably investigate, verify, and validate that the information contained in consumer credit file is accurate and complete. In carrying out this duty, both the CRA and the furnisher must have complete knowledge of the history of the account ( s ) in dispute and must provide proof to consumer within the 30 day reinvestigation period to include : a complete history of alleged debtors account with original creditor and furnisher, any and all ledgers/statements associated with disputed account ( s ), signed and dated contract and/or agreement between alleged debtor and furnisher. ***Please Note that all must be sent in writing via mail to consumer who has disputed any item on their credit file within the 30 day reinvestigation period. Failure by the CRA and the furnisher to provide proof that account ( s ) are indeed valid will constitute fraud and defamation. 

XXXX v. Experian Information Solutions , Inc., XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX.. 
A XXXX settlement was reached. In this case, Plaintiffs charged that defendants violated the Fair Credit Reporting Act ( " FCRA '' ) by recklessly failing to follow reasonable procedures to ensure the accurate reporting of alleged debts, ensuring accuracy of debts that were charged off by original creditor and sold/transferred to debt collectors and by refusing to adequately investigate consumer disputes and providing proof to consumer via certified mail.

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