Consumer complaint received 2018-05-26
Company: Experian Information Solutions Inc.
State: NV
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: Difficulty submitting a dispute or getting information about a dispute over the phone

Complaint:
To Whom It May Concern : I Obtained my Experian credit report online via through a Credit Monitoring Service known as " XXXX XXXX. '' There was a U.S. Bankruptcy Court items listed on my credit report. Per the FCRA 623 ( a ) ( 5 ) : If the Credit Bureau can not VALIDATE the information with the ORIGINAL CREDITOR, they must remove said information from the consumer credit file. I had asked Experian via phone call, AND via in written letter as to how they got the Bankruptcy information and Experian stated that it was through a 3rd party but could NOT elaborate. This is a violation of the Fair Credit Reporting Act as there was no indication as to how, or who they retrieved that information. 

The Bankruptcy Courts have mailed me a letter which emphatically stated that they do NOT provide any information to credit reporting agencies, nor do they ever validate and/or confirm public records. It is the credit reporting agencies, and/or third party providers who collect information regarding public cases from public records, but because that information is confidential, the third party providers do not publicly give this information to anyone because of fraud, identity theft, or whatever the case maybe. Public records information is NEVER validated by the U.S. Court system due to the Fair Credit Reporting Agency PRIVACY LAW, which is why there are laws in place, to protect the consumer! 

My inquiry to the U.S. Bankruptcy Courts confirmed " Experian '' Credit Bureau had NEVER validated or verified these public records entries on my credit report, neither will they ever be by them. They further stated while they are NOT liable or responsible for any MISUSE or INCORRECT public records, nor the distribution of said information, public records may, and often times are, reported by third party sources unaware to the consumer, and in most cases, incorrect. Considering the information indicating a Fair Credit Reporting Act violation, I need the bankruptcy information currently showing under my social security number to be PERMANENTLY DELETED from my credit report immediately. 

The Experian Credit Bureau needs to provide me with copies of all documentation associated with these as to how they obtained this information. Public Record Accounts bearing either a COURT ORDER to place this information in my credit report, or MY AUTHORIZATION of release bearing my signature. In the meantime, to be in full compliance with the FCRA laws and guidelines, all the information listed under PUBLIC RECORDS needs to be immediately DELETED from the credit file that's maintained under my name and social security number. Be further advised that I am closely monitoring my credit file under several credit monitoring companies that I have chosen. Per the Federal Law, any credit reporting bureau has exactly 30 days to complete any investigation as outlined per the Fair Credit Reporting Act 623 ( a ) ( 3 ).

Per the Federal Credit Reporting Act, Section 609 ( a ) ( 1 ) ( a ), the credit reporting bureaus are required by law to VERIFY through physical verification of the original signed consumer contract and/or judgement ( s ) AND provide proof as to how they retrieved the information of all accounts and public information that is posted on anyones credit report. Otherwise, anyone paying for reporting services could fax, mail, or/and email in fraudulent and erroneous account information. As such, if this unauthorized public record information is not deleted from my credit report within the next 30 days, then the Federal Trade Commission , & Consumer Financial Protection Bureau must take action. 

I have given this same notice to Experian for failing to respond in a satisfactory manner within 30 days of receipt of this similar letter with result in a small claims action against the Experian Credit Report Bureau. I will possibly be seeking damages for, but not limited to : 1 ) Defamation : 2 ) Negligent Enhancement of Identity Fraud : 3 ) Violation Of the Fair Credit Reporting Act and Consumer Financial Protection Bureau. 

Thank you CFPB and I hope I am represented correctly in this matter. 

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