Consumer complaint received 2024-08-16
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. (NY)

XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX XXXX XXXX Account Name # XXXX, reported by XXXX XXXX  XXXX. Re : Notice of Dispute and Request for Documentation Dear Experian, I am writing to formally dispute inaccurate information reported on my credit report regarding late payments. This letter serves as a formal notice of dispute and request for detailed documentation in compliance with the Fair Credit Reporting Act ( FCRA ). Please Refer to Case Ruling IN RICHARD V. FLEET BANK OF MASSACHUSETTS, 190 F. SUPP. 2D 81 ( D. MASS. 2001 ), THE COURT RULED THAT CREDIT REPORTING AGENCIES MUST CONDUCT A THOROUGH INVESTIGATION INTO DISPUTED INFORMATION. THE RELIANCE ON AUTOMATED SYSTEMS ALONE FOR VERIFYING CREDIT INFORMATION WAS DEEMED INSUFFICIENT. THE COURT EMPHASIZED THAT CREDIT REPORTING AGENCIES ARE REQUIRED TO ENSURE THE ACCURACY, FAIRNESS, AND COMPLETENESS OF THE INFORMATION REPORTED AND CAN NOT SOLELY RELY ON COMPUTER-GENERATED REPORTS WITHOUT A DEEPER INVESTIGATION. Dispute Details Creditor : XXXX XXXX  XXXX Account Number : XXXX, Date ( XXXX ) of Reported Late Payment : XXXX, XXXX, XX/XX/XXXX, XXXX, XX/XX/XXXX I have reviewed my credit report and found inaccuracies regarding late payments on the account mentioned above. I request that you provide me with the following : XXXX. Internal Records and Documentation : Please provide detailed internal records and documentation that were provided to you by the above listed creditors proving that the payments on this account were indeed late. A simple XXXX XXXX XXXX communication or similar computer system documentation will not suffice as proof. I require comprehensive evidence, including who certified these late payments and the methodology used to determine their accuracy. XXXX. Investigation Process : Given the courts ruling in the above case, I assert that a thorough investigation into these discrepancies is necessary. A computer system alone is not a sufficient or reliable means of investigation to meet the FCRA 's requirements. Legal Violations XXXX. 15 USC 1681 Section 602 : Guarantees my right to privacy concerning the information reported on my credit report. XXXX. 15 USC 1681 Section 604a ( Section 2 ) : Prohibits consumer reporting agencies from furnishing an account without my written instructions. XXXX. 15 USC 1666b : States that a creditor can not treat a payment on an open-end consumer credit plan as late unless it has adopted reasonable procedures to ensure that each periodic statement is mailed or delivered to the consumer at least 21 days before the payment due date. I assert that I have never authorized the furnishing of any information to your agency by the above-listed creditor without my written consent, constituting a violation of 15 USC 1681b . The inaccurate reporting of late payments has caused me undue stress and anxiety due to these unfair practices. Action Requested XXXX. Provide Concrete Evidence : Please provide me with the requested internal records and documentation, including evidence of who certified the late payments and how this determination was made. XXXX. Correct Credit Report : I demand that you correct my credit report to reflect these accounts as " Pays As Agreed '' or " Paid As Agreed, '' and update my payment history accordingly ( e.g., green check or greyed-out indicator ). Please provide the requested information and documentation within 15 days of receipt of this letter, as required by the FCRA. Should you fail to provide satisfactory evidence or fail to correct the inaccuracies, I will be compelled to escalate this matter to the appropriate regulatory agencies and consider all available legal remedies. Thank you for your prompt attention to this important matter. Please send your response to the address listed above. Sincerely, XXXX XXXX