Consumer complaint received 2024-10-16
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc. (TX)

Re : Notice of Intent to Sue for Violations of the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), Texas Debt Collection Act ( TDCA ), Privacy Act, and Gramm-Leach-Bliley Act ( GLBA ) Dear XXXX XXXX XXXX, XXXX am writing to formally notify you of my intent to file a lawsuit against XXXX XXXX XXXX for multiple violations of federal and state laws, including the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), Texas Debt Collection Act ( TDCA ), the Privacy Act, and the Gramm-Leach-Bliley Act ( GLBA ). Despite disputing the accuracy of the alleged debt in question three times through the Consumer Financial Protection Bureau ( CFPB ), XXXX XXXX XXXX has unlawfully continued to report this information on my credit report. 

I. Fair Credit Reporting Act ( FCRA ) Violations ( 15 U.S.C. 1681 et seq. ) : 1. Failure to Conduct a Reasonable Investigation ( 1681i ) : XXXX XXXX XXXX failed to conduct a reasonable investigation following my disputes filed with CFPB, continuing to report inaccurate information without verifying the debts accuracy. 
2. Reporting Inaccurate Information ( 1681s-2 ( b ) ) : Despite the clear disputes, XXXX XXXX XXXX has continued to report erroneous and derogatory information to credit reporting agencies without verifying the accuracy or resolving the disputed debt. 
XXXX. Failure to Notify of Dispute ( 1681s-2 ( a ) ( XXXX ) ) : XXXX XXXX XXXX failed to mark the disputed account as disputed by consumer during the investigation process, thereby misrepresenting the status of the debt on my credit reports. 
XXXX. Failure to Provide Notification of Negative Information ( 1681s-2 ( a ) ( 7 ) ) : XXXX XXXX XXXX XXXX not notify me within the required 30 days after reporting negative information to credit bureaus, which is a clear violation of this section. 
XXXX. Willful Noncompliance with FCRA ( 1681n ) : XXXX XXXX XXXX willfully failed to comply with its obligations under the FCRA, making it liable for punitive damages due to reckless disregard of my rights under the law. 
XXXX. Negligent Noncompliance with FCRA ( 1681o ) : The company acted negligently by continuing to report inaccurate information despite having multiple opportunities to correct the error. 

Remedy Under FCRA : I am entitled to statutory damages of up to {$1000.00} for each violation, actual damages for harm to my credit and denial of credit opportunities, punitive damages for willful noncompliance, and attorneys fees and costs. 

XXXX. Fair Debt Collection Practices Act ( FDCPA ) Violations ( 15 U.S.C. 1692 et seq. ) : 1. Failure to Validate the Debt ( 1692g ( b ) ) : XXXX XXXX XXXX continued its collection efforts after receiving my dispute without properly validating the debt. 
XXXX. Harassment or Abuse ( 1692d ) : By continuing to report inaccurate information and attempting to collect on a disputed debt, XXXX XXXX XXXX has caused emotional distress and harassment. 
XXXX. False or Misleading Representation ( 1692e ) : XXXX XXXX XXXX has falsely represented the legal status and amount of the debt by continuing to report the debt inaccurately to credit reporting agencies. 
4. Unfair Practices ( 1692f ) : The continued reporting of an unverified debt is an unfair and unconscionable means to collect or attempt to collect a debt.

5. Failure to Cease Collection of Disputed Debt ( 1692g ( c ) ) : After my dispute was filed, XXXX XXXX XXXX continued collection activities without verifying the debt or responding appropriately. 

Remedy Under FDCPA : I am entitled to statutory damages of up to {$1000.00} for each violation, actual damages, and attorneys fees and costs. 

III. Texas Debt Collection Act ( TDCA ) Violations ( Tex. Fin. Code 392 ) : 1. Misrepresentation of Debt ( 392.304 ) : XXXX XXXX XXXX misrepresented the status and amount of the debt by continuing to report inaccurate information. 
XXXX. Failure to Cease Collection of Disputed Debt ( XXXX ) : XXXX XXXX XXXX has unlawfully continued to collect and report on a disputed debt without conducting a proper investigation. 

Remedy Under TDCA : I am entitled to actual damages, statutory damages of {$100.00} per violation, and injunctive relief under Texas law. 

IV. Privacy Act Violations ( 5 U.S.C. 552a ) : 1. Unauthorized Disclosure of Personal Information : XXXX XXXX XXXX has disclosed and continued to disclose inaccurate personal financial information to credit reporting agencies without authorization or verification, constituting a breach of my privacy. 
XXXX. Failure to Correct Records ( 552a ( d ) ) : XXXX XXXX XXXX has failed to correct the false information in its records after receiving disputes from me, thereby violating my rights under the Privacy Act. 

Remedy Under the Privacy Act : I may seek actual damages, including but not limited to the harm caused by the unauthorized disclosures, and reasonable attorneys fees. 

V. Gramm-Leach-Bliley Act ( GLBA ) Violations ( 15 U.S.C. 6801-6809 ) : 1. Failure to Protect My Personal Information ( 6801 ) : XXXX XXXX XXXX failed to safeguard my personal financial information and did not ensure that my data was handled securely, in violation of GLBAs requirement to protect sensitive personal information. 
XXXX. Failure to Provide Privacy Notice ( XXXX ) : XXXX XXXX XXXX did not provide the required privacy notices explaining how my information would be used or shared with third parties, as mandated by GLBA. 
XXXX. Improper Sharing of Personal Information Without Consent : XXXX XXXX XXXX shared my personal financial information with credit reporting agencies without obtaining my consent or notifying me, a clear violation of GLBAs restrictions on the sharing of nonpublic personal information.

Remedy Under GLBA : I am entitled to seek statutory and actual damages for the unauthorized disclosure of my personal financial information and attorneys fees for this violation. 

VI. Demand for Remedies To resolve these violations without pursuing legal action, I demand the following remedies : 1. Immediate cessation of all collection activities related to the disputed debt. 
2. Deletion of all inaccurate and unverified information from all credit reporting agencies.

3. Statutory damages of {$6000.00} for FCRA violations ( six violations ).

4. Statutory damages of {$5000.00} for FDCPA violations ( five violations ).

5. Statutory damages of {$300.00} under the TDCA for three violations.

6. Compensation for actual damages, including credit denials, higher interest rates, emotional distress, and reputational harm. 
XXXX. Punitive damages for willful noncompliance with the FCRA and other statutes. 
XXXX. Reasonable attorneys fees and costs incurred in pursuing this matter. 

If XXXX XXXX XXXX does not comply with the above demands within 10 days, I will pursue legal action in federal and state court to seek all available remedies. This letter serves as formal notice of these violations under the FCRA, FDCPA, TDCA, Privacy Act, and GLBA. 

I expect your prompt attention and response to resolve this matter.