Consumer complaint received 2024-09-23
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Old information reappears or never goes away
Company: Experian Information Solutions Inc. (MI)

I am filing this complaint against XXXX and Experian for their continued reporting of a collection account from XXXX XXXX XXXX, which is illegal and inaccurate. Despite my disputes and legal actions, both credit reporting agencies have failed to remove this erroneous collection from my credit report. 

Background : I have already filed a lawsuit against Experian, and their attorney responded, denying that Experian reports this collection account. However, the account is on my credit report, and Experian falsely claims they have verified the debt but have provided me with no proof of their verification process. This is a violation of my rights under both state and federal law. 

Additionally, I have filed a lawsuit against XXXX regarding the same issue, and I am currently waiting for them to be served. XXXX continues to report this collection account without providing any substantive verification, despite my repeated disputes. 

Legal Basis : 1. Michigan Consumer Protection Act ( MCPA ), MCL 445.901 et seq. 

The Michigan Consumer Protection Act prohibits false and misleading practices in consumer transactions. Relevant provisions include : MCL 445.903 ( 1 ) ( s ) : Prohibits failing to reveal a material fact that could mislead or deceive a consumer. 

By refusing to remove this erroneous collection and failing to verify the debt, both XXXX and Experian are engaging in misleading practices that deceive me about my financial obligations. 

2. Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq.

The FCRA mandates that credit reporting agencies must ensure maximum accuracy and must remove any disputed information that can not be verified. Relevant sections include : 15 U.S.C. 1681i ( a ) This section requires credit reporting agencies to conduct a reasonable investigation of disputes and remove or correct inaccurate information if it can not be verified. Experian and XXXX claim to have verified this debt but have provided me with no evidence to support this claim. 
15 U.S.C. 1681e ( b ) Credit reporting agencies are required to follow reasonable procedures to assure maximum possible accuracy. By continuing to report this collection without properly verifying it, both Experian and XXXX have violated this provision. 

XXXX. Assignment of Debt Assignment of a debt to a third party, such as XXXX XXXX XXXX, does not create an obligation on my part to pay the debt. The collection account reported by XXXX XXXX XXXX has not been properly validated, and XXXX and Experians refusal to remove it violates both state and federal law. 

4. Michigan Collection Practices Act ( MCPA ), MCL 339.901 et seq.

The Michigan Collection Practices Act prohibits any inaccurate or misleading information from being reported about a consumers creditworthiness or debt obligations. This includes falsely representing the legal status of a debt : MCL 339.915 ( e ) Prohibits furnishing false information concerning a consumers creditworthiness or falsely representing the status of a debt. 

Experians and XXXX Violations : Experians denial of reporting the account, despite the clear presence of the account on my credit report, is misleading and violates the MCPA and FCRA. 
Both agencies refusal to provide any proof of verification or to remove this collection account, despite being informed that the assignment of a debt does not create a valid obligation on my part, is a violation of my rights under state and federal law.