Consumer complaint received 2024-10-15
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. (GA)

** [ XXXX XXXX XXXX ] ** ** [ XXXX XXXX XXXX XXXX ] XXXX ** [ XXXX XXXX Ga, XXXX ] ** ** [ XXXX ] ** ** [ XXXX ] ** ** [ XXXX ] ** XXXX ** [ XXXX XXXX XXXX ] XXXX XXXX [ XXXX XXXX, CA XXXX XXXX XXXX ** **Subject : Notice to Cease and Desist and Notice of Violation of FCRA and FDCPA** Dear Experian, I am writing to formally notify you of serious violations pertaining to the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). This correspondence seeks to address these violations while providing evidence of ongoing practices detrimental to my credit history, financial stability, and reputation. 

For over 90 months, I have been subjected to inaccurate and fraudulent reporting related to accruing balances from multiple creditors, including XXXX XXXX and XXXX XXXX. After disputing their erroneous reporting, I successfully had the inaccuracies removed from my credit file. However, in what can only be described as retaliatory tactics, these creditors added their derogatory accounts back to my report, this time with abusive and misleading statements designed to further their collection efforts. 

I also raised these issues with the Consumer Financial Protection Bureau ( CFPB ). Following my complaint, both XXXX XXXX and XXXX XXXX acknowledged their violations of the FCRA and subsequently removed these entries, promising to cease and desist from any further reporting of inaccurate information. This acknowledgment highlights their recognition of wrongdoing. 

Unfortunately, my experience with XXXX XXXXXXXX XXXX** echoes this troubling trend. Initially, I disputed their reporting successfully, having the derogatory entries removed ; however, XXXX XXXX, like the previous creditors, re-added itself to my credit report, mistakenly accompanied by fraudulent and erroneous balances aimed at facilitating further collection attempts. 

Additionally, XXXX XXXX XXXX ( XXXX ) ** unjustly added itself as a collections agency on my credit report. XXXX furnished fraudulent documents that contributed to their claims being accepted as " credible '' and " verified '' by Experian and other bureaus. Upon disputing these claims with XXXX and providing evidence of their violations of the FCRA, all credit bureaus except Experian promptly removed XXXX from my report. Despite receiving the same information, Experian continued to allow the reporting of XXXX and denied my dispute. Recently, however, Experian has finally acknowledged my claims and recognized that I was correct regarding the inaccuracies in their reporting. 

Furthermore, XXXX XXXX XXXX has been identified as a co-conspirator with Experian in this matter, and documentation has been compiled that evidences Experian 's complicity in furthering the injuries I have sustained due to their actions. As a result of these issues, I am actively pursuing litigation against both XXXX and XXXX XXXX XXXX for their fraudulent practices, with Experian listed as an accessory to the injuries incurred due to their alleged lack of due diligence, negligence, and failure to take reasonable responsibility. 

The case of *XXXX v. Experian* illustrates the legal obligations that credit reporting agencies have in ensuring accuracy and fairness in consumer credit reporting. In that case, the court reinforced the principle that credit bureaus must investigate disputed information correctly and remove inaccuracies. My situation is analogous to *XXXX  v. Experian*, as it demonstrates your failure to address multiple disputes adequately, allowing fraudulent and erroneous information to persist on my credit report. This not only demonstrates a lack of care but also a breach of the duty to provide accurate information as mandated by the FCRA. 

These activities illustrate a disturbing trend in which Experian has not only permitted these egregious violations but has actively engaged in harboring and disseminating misleading information. Your handling of my credit report, combined with the complaints against these creditors, exemplifies a failure to adhere to the standards established by the FCRA and FDCPA, resulting in ongoing harm to my creditworthiness and reputational damage. 

In summary, the following actions have occurred and warrant immediate attention : 1. **Inaccurate Reporting** : Over 90 months of continued and erroneous reporting by multiple creditors, including XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX . 
2. **Retaliatory Practices** : The re-addition of derogatory entries post-dispute, in apparent retaliation for exercising my rights under the FCRA.

3. **Failure to Comply** : The pattern of inaccuracies and unsubstantiated balances that have continued to exist on my credit file, undermining the integrity of your reporting processes.

As my consumer rights have been violated, I demand the following : - Immediate rectification of all inaccuracies on my credit report. 
- The removal of any derogatory entries that were previously removed but have been fraudulently re-reported. 
- Compliance with my previous request made on [ XX/XX/year> ], which has gone unanswered for over 30 days. 

Furthermore, I expect compensation for the damages resulting from these violations that continue to affect my financial standing. Should you fail to respond adequately, I will not hesitate to engage in legal and civil action against Experian based on the mandates set forth by the FCRA, FDCPA, applicable state laws, and relevant case law, including but not limited to XXXX XXXX Experian*. 

I appreciate your immediate attention to this matter, and I expect a prompt response. Please direct all correspondence regarding this issue to the address listed above. 

Sincerely, [ XXXX XXXX ] # # # Fair Credit Reporting Act ( FCRA ) 1. **Section 602** - Establishes the purpose of the FCRA, including the requirement to protect consumer credit information and ensure accuracy.

2. **Section 605** - Limits how long negative information can stay on a consumer report.

3. **Section 607** - Mandates that consumer reporting agencies follow reasonable procedures to assure maximum possible accuracy of the information in reports. 
4. **Section 609** - Grants consumers the right to request their credit report and receive information on the reporting agency.

5. **Section 616** - Allows consumers to sue for damages if a consumer reporting agency or user of a credit report willfully fails to comply with the FCRA.

# # # Fair Debt Collection Practices Act ( FDCPA ) 1. **Section 807** - Prohibits debt collectors from using unfair or misleading practices to collect debts.

2. **Section 809** - Requires debt collectors to provide validation of debts when requested by consumers.

3. **Section 812** - States that debt collectors can not communicate with consumers at unreasonable times or places, such as during late hours or at work if prohibited.

4. **Section 813** - Provides consumers with the right to sue for violations of the FDCPA, potentially leading to statutory damages.

# # # Federal Trade Commission ( FTC ) Regulations 1. **Section 5 of the FTC Act** - Prohibits unfair or deceptive acts or practices in or affecting commerce.

2. **Regulation W** - Governs the procedures for unfair and deceptive acts or practices related to the marketing of financial products.

3. **Credit Practices Rule** - Requires disclosures and regulates practices in consumer credit transactions.

# # # Potential Violations - Failure to provide consumers access to their credit reports as mandated by the FCRA.

- Use of deceptive or unfair collection practices that violate the FDCPA.

- Non-compliance with FTC regulations regarding marketing and selling of consumer products.