Consumer complaint received 2024-10-17
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc. (MA)

Dear CFPB, I am submitting this formal complaint under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, and the Fair Credit Billing Act ( FCBA ), 15 U.S.C. 1666, against Experian for inaccurately reporting late payments and maintaining erroneous information regarding my XXXX  XXXX XXXX account # XXXX. Below, I detail the violations and applicable laws : 1. Violation of Payment Timeliness ( FCBA, 15 U.S.C. 1666 ) Under the Fair Credit Billing Act ( FCBA ), 15 U.S.C. 1666, creditors are required to correct billing errors, including misreporting of payments made on time. In this case, the credit reporting agencies continue to report late payments without sufficient evidence to substantiate the accuracy of such claims. This failure to provide correct information violates my rights under the FCBA. The agencies have not provided any accurate information to support their reports, which constitutes a violation of the mandatory timelines for correcting billing errors.

Legal Consequences : Non-compliance with the FCBA may result in penalties, including statutory damages and legal action by consumers. If proven, this could lead to further penalties and financial liability for failure to correct inaccurate billing records.

2. Billing Error Violation ( FCBA, 15 U.S.C. 1666b ) According to the FCBA, once a billing error is disputed, the creditor must correct it within a set time frame. I have attempted to resolve this issue with Experian, but neither the bank nor the credit reporting agencies have adequately addressed the billing errors related to the reported late payments. This represents another violation of the FCBA for failing to investigate and correct billing errors. 
Legal Consequences : Under the FCBA, failure to investigate and correct billing disputes could result in legal action by the affected consumer, as well as penalties including statutory damages.

3. COVID-19 Reporting Adjustments ( CARES Act ) During the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act ( CARES Act ) provided additional protections for consumers who sought financial relief, such as deferred payments or credit modifications. If payments were deferred or modified due to COVID-19, creditors and credit reporting agencies are required to report the account as current, not delinquent. Under the CARES Act, 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ), the credit reporting agencies have failed to comply with this provision by continuing to report inaccurate late payment information related to my account, disregarding pandemic-related protections.

Legal Consequences : Violations of the CARES Act provisions may expose the reporting agencies and creditors to penalties and enforcement actions by federal agencies, as well as private lawsuits by consumers. 
4. False Representation ( FCRA, 15 U.S.C. 1681s-2 ( a ) ( 1 ) ) Under the FCRA, 15 U.S.C. 1681s-2 ( a ) ( 1 ), information furnishers like XXXX XXXX  XXXX must provide accurate information to credit reporting agencies. By reporting late payments that can not be substantiated or backed with proper evidence, XXXX  XXXX XXXX has made false representations of the facts. Additionally, the credit reporting agencies are responsible under the FCRA for investigating disputes and preventing inaccurate information from remaining on my credit report. 
Legal Consequences : Violation of these provisions under the FCRA can lead to civil penalties, statutory damages of up to {$1000.00} per violation, and liability for actual damages caused to consumers. Further, if willful non-compliance is proven, punitive damages may also be awarded.

5. Exclusion of Inaccurate Transactions ( FCRA, 15 U.S.C. 1681c ) The FCRA mandates that certain types of unverifiable or inaccurately reported information must be excluded from a consumer 's credit report. In this case, the late payments reported are unverifiable, and under 15 U.S.C. 1681c, should have been excluded from my credit report by the credit reporting agencies, which they have failed to do.

Legal Consequences : Non-compliance with this section of the FCRA may result in civil liability, fines, and the potential for private lawsuits, where the affected consumer can seek actual damages, attorney 's fees, and statutory damages. 

I have attached the relevant documentation and expect that appropriate measures will be taken to correct my credit history without further delay. 
Next : CC : CFPB ( Consumer Financial Protection Bureau ) Mail CC : XXXX XXXX XXXX  CC : Attorney Generals Office CC : State Senate CC : Federal Trade Commission ( FTC ) CC : State Regulatory Agency