Consumer complaint received 2024-08-31
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc. (FL)

Experian XXXX Details : Date of First Contact : XX/XX/year> Time of First Contact : XXXX PM Experian XXXX : XXXX Issue : Refusal to Block Fraudulent Credit Card Information Description of the Issue : On XX/XX/year>, at XXXX PM, I contacted Experian to report a credit card that was fraudulently created in my name. This account, which appears to be in collections as of XX/XX/year>, was charged off by the creditor in the amount of {$840.00}. During my conversation with an Experian supervisor named XXXX, I was informed that they would not dispute or remove the fraudulent credit card collection from my credit report because I had not provided them with a police report. Instead, I had submitted a Federal Trade Commission ( FTC ) Identity Theft Report. 

To my knowledge, the Fair Credit Reporting Act ( FCRA ) clearly states that a credit reporting agency ( CRA ) is not required to demand a police report to remove fraudulent information from a consumers credit file. An FTC Identity Theft Report should be sufficient for blocking such fraudulent information. Furthermore, Experians own website confirms that reporting identity theft requires a phone call to XXXX, as their online system does not facilitate the process effectively. 

Additionally, I informed the supervisor that I had made numerous previous attempts to report this fraudulent collection, but XXXX customer service number repeatedly blocked me from reporting the identity theft or being transferred to the dispute department. 

After disputing the information with Experian, I received an email requesting extensive documentation, including an identity theft report, government-issued ID, utility bill, and more. I provided all the requested information. 

However, on XX/XX/year>, at XXXX AM, I received an email from Experian stating the following : XXXX XXXX XXXX, We are responding to your request that information in your personal credit report be blocked due to identity theft. Based on our review of your request and the information available to us, we have determined that either : Your request to block was made in error, XXXX, your request to block information was based on a material misrepresentation, XXXX, you knowingly obtained or should have known that you obtained possession of goods, services, or moneys as a result of XXXX or more of the transactions that you are seeking to block. 

Therefore, we are declining your request to block XXXX or more of the items of information. If you have additional relevant information that indicates that the disputed item ( XXXX ) resulted from identity theft, please contact us again and provide this information. If you still believe the disputed item ( XXXX ) is inaccurate, then we will add a statement of continued dispute to the credit report at your request. 

To view your rights, visit www.experian.com/fraudrights and www.experian.com/fcra. 

Experian then insisted that I provide additional documentation to validate the identity theft report, specifically asking for evidence that the report was filed with a federal, state, or local law enforcement agency. This request contradicts the FCRAs provisions, which state that an FTC Identity Theft Report should be sufficient for blocking fraudulent information from a consumers credit report. 

Potential Violations by Experian : 1. Violation of the Fair Credit Reporting Act ( FCRA ), Section 605B ( 15 U.S.C. 1681c-2 ) : Experian is required to block fraudulent information on a consumers credit report if an identity theft report is provided. The law does not specifically mandate a police report, and an FTC Identity Theft Report should be adequate. 
Experians refusal to block the fraudulent credit card account, despite receiving an FTC Identity Theft Report, is a direct violation of this section.

2. Failure to Investigate ( FCRA Section 611 ) : The FCRA obligates credit reporting agencies to investigate disputes about the accuracy of information in a consumers credit report. Experians refusal to investigate or remove the fraudulent information without a police report, despite having an FTC Identity Theft Report, could be a failure to fulfill their obligation under the FCRA.

3. Misleading and Unreasonable Documentation Requirements : Experians insistence on a police report and additional documentation, despite the FCRAs provisions, may constitute unreasonable documentation requirements, further violating consumer protection laws.

Resolution Requested : I request that the CFPB investigate Experians practices and enforce compliance with the FCRA. Specifically, I ask that Experian : XXXX. Immediately block and remove the fraudulent credit card collection account from my credit report. 
XXXX. Cease demanding unnecessary documentation, such as a police report, when an FTC Identity Theft Report has been provided. 
XXXX Review and correct their dispute-handling procedures to ensure compliance with federal laws and regulations. 

This fraudulent account should not be on my credit file, as it was created without my consent, and I have never interacted with the creditor or collection agency associated with this account. 

Thank you for your attention to this matter. 

Sincerely, XXXX XXXX XXXX