Consumer complaint received 2017-10-24
Company: Experian Information Solutions Inc.
State: TX
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:
Section ( 609 ) of the Fair Credit Reporting Act is a Consumers Disclosure Section which is to provide for the protection of consumers against false and erroneous reporting. 
This section of the FCRA places the burden upon the Credit Bureaus and the creditor to prove an account is yours. 
To positively prove an account is yours, the creditor must provide the Credit Bureau a copy of the original creditors documentation ( whatever you filled out and signed upon opening the account with the reporting creditor ). 
The FCRA was enacted by Congress to protect consumers from unverifiable accounts and information from being reported on your credit report. Without documentation, the Credit Bureaus have NO RIGHT to list your personal financial information on your credit report. 
The Credit Bureaus are required by law to verify and validate every single account on a consumers credit report. 

Please be advised that this is my XXXX WRITTEN REQUEST and FINAL WARNING that I fully intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your continued willful and negligent noncompliance. Despite my previous XXXX written requests, the unverified items listed below still remain on my credit report in violation of Federal Law. You stated in your responses to my XXXX dispute letters that you have verified that the items listed below are accurate but you failed to send me copies of the documents that you used to verify these accounts as per my request. The fact that you have ignored my request to send me copies of the documents that you used to verify the disputed accounts is evidence that you cant and did not verify any of the disputed accounts like you said you did. Your failure to delete the disputed accounts that you cant verify after XXXX written requests is also evidence of your willful disregard of Federal Law. 

When we go to litigation and through the discovery process you will be required to produce these documents along with an affidavit swearing under oath that these are the true and correct documents that you used to verify the disputed accounts. The fact that you dont have any of the said documents in your files is proof that you did not properly verify the accounts within XXXX days as required by law and the Court will order you to delete them. 

You say that you have reinvestigated these accounts but youve admitted that all you have done is parroted information given to you by other sources and shifted the burden back to me to contact the original creditor to verify these accounts which is clearly in violation of 1681 ( a ) ( 4 ). 

I also asked you to give me the name of the person in your company who verified the accuracy of these accounts but you ignored this request as well which is another violation of Federal Law and evidence of your willful disregard of the law. 

Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified. I request that you do this immediately. 

The law is very clear as to the civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with 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 that you delete all of the accounts listed below immediately & provide me with a copy of an updated and corrected credit report showing that these items have been deleted. 

I am maintaining a careful record of my communication with you for the purpose of filing a lawsuit against Experian should you continue in your non-compliance. I further remind you that, as in XXXX XXXX XXXX  XXXX XXXX. XXXX ( XXXX XXXX XXXX, XXXX ), you may be liable for your willful non-compliance. Failure to respond satisfactorily within 30 days of receipt of receipt of this complaint may result in a small claims action against Experian, seeking XXXX per violation for. 1. Defamation 2. Negligent Enablement of identity fraud. 3. Violation of the Fair Credit Reporting Act. 

Name of Account : Account Number : Provide Physical Proof of Verification XXXX XXXX # XXXX Unverified Account - XXXX XXXX XXXX XXXX XXXX XXXX # XXXX Unverified account. NO CONTRACT I AM CHALLENGING YOUR RIGHT TO REPORT. PLEASE PROVIDE ME THE ORIGINAL DOCUMENTATION THAT YOU HAVE IN YOUR FILES PER LAW SHOWING THAT EXPERIAN HAS THE RIGHT TO REPORT THESE ERRONEOUS ITEMS ON MY CREDIT REPORT. 

ALSO YOU HAVE MY NAME SPELLED INCORRECTLY ON MY EXPERIAN CREDIT REPORT # XXXX. XXXX XXXX XXXX XXXX XXXX XXXX!!!

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