Consumer complaint received 2023-11-14
Company: Experian Information Solutions Inc.
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
On several occasions, I've requested that the account " XXXX XXXX XXXX '' be removed from my consumer report, due to many consumer rights violations and FRCA violations. Despite several prior complaints and requests for removal based on evident violations of the FRCA and Consumer Law, I find that the inaccuracies persist. 

As stipulated in my previous correspondences, my primary contention rests on the grounds of various consumer law violations associated with this account. It is essential to underscore that, at no point, have I sought verification or updates regarding the presence of the account. Instead, my consistent request has been for the complete removal of the account, in alignment with my rights under the FRCA. 

The recent update by the credit reporting agencies to the payment history of the aforementioned account raises significant concerns. Not only does it contradict my explicit request for removal, but it also introduces inaccuracies that have the potential to impact my creditworthiness adversely. Furthermore, the reporting of payment history for a closed account, particularly one that concluded last year, is both misleading and in violation of established consumer protection statutes.

In light of the FRCA and Consumer Law, it is crucial to recognize the legislative intent, as outlined in 15 U.S. Code 1681. The statute emphasizes the paramount importance of accurate credit reporting in sustaining the efficiency of the banking system and upholding public confidence. Implicit in these regulations is the obligation for consumer reporting agencies to operate with scrupulous fairness, impartiality, and a profound respect for consumer privacy. 

I draw your attention to specific sections of the FRCA, notably 15 U.S. Code 1681a, which provides essential definitions pertinent to my case. Notably, the term " exclusions '' is introduced, denoting categories of information exempt from inclusion in a consumer report. In the absence of an ongoing contractual relationship between myself and XXXX XXXX XXXX, coupled with the legal closure and write-off of the account, the disclosure of my private information to a private company merits scrutiny under these statutory definitions. 

Furthermore, the reporting of utilizations when no ongoing transactions or experiences exist, as per paragraph 3 of 15 U.S. Code 1681a, requires justification under the law. The absence of a current contract with XXXX XXXX XXXX raises questions about the legitimacy of reporting transactions or experiences to consumer reporting agencies. 

Under 15 U.S. Code 1681 ( b ) concerning reasonable procedures, it is emphasized that consumer reporting agencies must adopt fair and equitable procedures for the confidentiality, accuracy, relevancy, and proper utilization of information. The continued presence of the " XXXX XXXX XXXX '' account on my credit report, despite its lack of relevance and ongoing contractual agreement, is a clear deviation from the standards mandated by this subchapter. 

In accordance with the legal requirements outlined in the FRCA and Consumer Law, I demand the immediate removal of the " XXXX XXXX XXXX '' account from my consumer report. The persistence of this inaccurate information not only violates my privacy rights but also constitutes a breach of statutory obligations. I am compelled to seek resolution through legal avenues should this matter not be rectified promptly. 

I appreciate your prompt attention to this matter and anticipate a swift and satisfactory resolution. Please provide written confirmation once the necessary corrections have been made to my credit report. 

I wish to clarify that this dispute is not centered on the verification of the account, updates to payment history, or the addition of remark codes. Instead, it is a request for the removal of the account altogether based on my right to privacy, as outlined in the FCRA.

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