Consumer complaint received 2024-10-11
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Credit inquiries on your report that you don't recognize
Company: Experian Information Solutions Inc. (FL)

I am writing to formally lodge a complaint regarding Experians failure to comply with federal and Florida state regulations after I reported identity theft and requested the removal of unauthorized credit inquiries from my credit report. Despite providing a valid identity theft report and fulfilling the required documentation, these inquiries remain on my report, which is a clear violation of my rights under both federal and state law. 

Violations Committed Fair Credit Reporting Act ( FCRA ) Violations : Under the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681c-2, consumers have the right to request the blocking or removal of fraudulent information from their credit reports after submitting an identity theft report. This includes unauthorized credit inquiries that are the result of identity theft. By failing to remove these inquiries after receiving my identity theft report, Experian is in clear violation of these provisions. The FCRA mandates that credit reporting agencies take swift action to ensure that consumers are not penalized for fraudulent activities on their credit reports.

Fair and Accurate Credit Transactions Act ( FACTA ) Violations : FACTA, an amendment to the FCRA, provides consumers with additional protections against identity theft, including the right to place fraud alerts and block fraudulent information from appearing on their credit reports. Under FACTA provisions, Experian is required to investigate and, if necessary, remove unauthorized credit inquiries after identity theft has been reported. Your refusal to remove these inquiries disregards my legal rights under FACTA and reflects a lack of compliance with federal requirements.

Florida Consumer Protection Violations ( FDUTPA ) : As a Florida resident, I am also protected under the Florida Deceptive and Unfair Trade Practices Act ( FDUTPA ) ( F.S. 501.201 ). This act prohibits unfair methods of competition, unconscionable acts, or deceptive practices in any trade or commerce, which would include improper handling of consumer credit information and disputes. By failing to resolve this issue despite being provided with all necessary documentation, Experian is engaging in practices that violate FDUTPA and are considered deceptive and unfair. This creates unnecessary hardship and stress for me as a consumer.

Financial Burden and Emotional Distress The delay in addressing this issue has caused significant financial burden and emotional distress. These unresolved credit inquiries have negatively impacted my credit score, limiting my ability to access financing and other financial services. As a result, I have faced higher interest rates, potential denial of credit applications, and increased financial strain. The stress of dealing with this ongoing issue has also taken a toll on my emotional well-being, as I now have to constantly monitor my credit report for further potential fraud and incorrect information.

I am considering pursuing legal action to recover damages for the financial burden and stress this has caused. This situation has had tangible consequences for my financial stability and personal peace of mind, and I am prepared to seek compensation if necessary.

Your Obligations In accordance with both federal and Florida regulations, you are required to : Remove all unauthorized credit inquiries that are a result of identity theft from my credit report immediately.

Provide written confirmation of this action, including details of the inquiries that were removed.

Provide clear and detailed communication regarding any remaining information that you claim is valid, along with a full explanation for why you have not removed the inquiries in question.

Next Steps If Experian continues to fail in its obligations under the FCRA, FACTA, and FDUTPA, I am prepared to take further action. This may include : Filing a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) for non-compliance with federal credit reporting laws.

Submitting a complaint to the Florida Attorney General 's Office, citing violations of FDUTPA and your deceptive practices in handling this dispute.

Seeking legal counsel to explore the possibility of initiating legal action against Experian for damages resulting from these violations, including any adverse impacts on my creditworthiness, financial burden, and emotional distress.

I urge you to correct this situation immediately and ensure compliance with both federal and state laws regarding identity theft and consumer rights. I look forward to a prompt and satisfactory resolution of this matter.