Consumer complaint received 2021-03-31
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc. (NV)

I obtained my Experian credit report on XX/XX/XXXX and filed a dispute the same day for these accounts that I have sent numerous times documentation which I should not have to when there is identity theft that is out of my control. I was told by the Experian representative that he will not redispute these accounts that I will be listing below. The Experian rep also told me that they see all the documentation that I sent in and told me that they still refuse to take this fraudulent information off of my Experian report even after seeing all the documentation, certified mail, police reports, XXXX  XXXX reports, utility bills, and a copy of my passport. Experian is violating my consumer rights! I will be filing a law suit against Experian and the furnisher, alleging in relevant part that the furnisher had negligently and willfully violated the FCRA by failing to properly investigate my dispute or review the letters I sent the Experian. Also, I will be including Consumer Financial Protection Bureau in this lawsuit because they have allowed Experian to violate my consumer rights and not make Experian follow the The plaintiff alleged injury due to damaged credit and emotional well-being. 

accounts that are fraudulent/does not belong to me : Public Record chapter XXXX bankruptcy XXXX, XXXX XXXX, XXXX/XXXX, XXXX  XXXX, XXXX XXXX, XXXX XXXX, XXXX, A furnisher must have in place reasonable procedures to respond to any notification that it receives from a CRA relating to information from identity theft so as to not re-report that blocked information. [ 15 ] It is the CRAs responsibility to notify the furnisher that specific information may be the result of identity theft ; that a report has been filed ; that the consumer has requested a block of the information ; and that the block will be effective for specific dates. [ 16 ] The consumer may also notify the furnisher directly about a claim of identity theft. [ 17 ] If the consumer submits an identity theft report to a furnisher at the appropriate address designated for such reports, the furnisher may not report information that supposedly relates to the consumer unless the furnisher later knows or is informed by the consumer that the information is correct. [ 18 ] four years ago in XXXX v. XXXX XXXX XXXX, 827 F.3d 1295, 1305 ( 11th Cir. 2016 ), the 11th Circuit held that a reasonable jury could conclude that the furnishers investigation in that case was not reasonable. [ 42 ] According to the 11th Circuit, when a furnisher does not already possess evidence establishing that an item of disputed information is true, the FCRA requires the furnisher to seek out and obtainevidence before reporting the information as verified. [ 43 ] Similarly, in XXXX v. XXXX XXXX. XXXX, XXXX, 357 F.3d 426, 429-31 ( 4th Cir. 2004 ), the Fourth Circuit Court of Appeals held that an investigation was unreasonable when the furnisher had received notice that the consumer dispute that she was a co-obligor on a specific account, but the furnishers investigation only included confirming that the name and address on the report belonged to the consumer. [ 44 ] The furnishers agents conceded they did not consult underlying documents when investigating the consumers dispute, which the court held was unreasonable given the specificity of the consumers dispute notice. [ 45 ] By contrast, in XXXX v. XXXX XXXX XXXX XXXX, 409 F.3d 825, 827 ( 7th Cir. 2005 ), the Seventh Circuit held that the furnishers limited investigation of a consumer dispute was reasonable because the furnisher received hardly any information ( such as the nature of the dispute or any supporting documentation ) from the CRA. [ 46 ]