Consumer complaint received 2024-10-05
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. (VA)

Immediate Removal of Late Payments from Credit Report The banking system relies heavily on fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, while unfair credit reporting methods undermine public confidence, which is essential for the continued functioning of the system. 

Consumer reporting agencies play a vital role in gathering and evaluating consumer credit and other information. It is imperative to ensure that these agencies exercise their responsibilities with fairness, impartiality, and respect for consumers rights to privacy. 

15 U.S. Code 1666b - Timing of Payments A creditor may not classify a payment on a credit card account under an open-end consumer credit plan as late for any purpose. 

Under the Fair Credit Reporting Act ( FCRA ), as a federally protected consumer, I have the right to privacy. This is further supported by the Privacy Act of 1974, as outlined in 5 U.S. Code 552 regarding public information and agency rules, opinions, orders, records, and proceedings.

P.L. 90321, Approved May 29, 1968 ( 82 Stat. 146 ) Consumer Credit Protection Act TITLE VICONSUMER CREDIT REPORTING Sec. 601. [ 15 U.S.C. 1601 note ] This title may be cited as the Fair Credit Reporting Act.

Sec. 603. [ 15 U.S.C. 1681a ] ( f ) The term consumer reporting agency means any person that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, utilizing any means or facility of interstate commerce for preparing or furnishing consumer reports.

Sec. 604. [ 15 U.S.C. 1681b ] ( a ) In general.Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no others : ( 4 ) In response to a request by the head of a state or local child support enforcement agency ( or an authorized official ), if the requester certifies to the consumer reporting agency that ( A ) the consumer report is needed to establish an individuals capacity to make child support payments or to determine the appropriate level of such payments ; ( B ) the paternity of the consumer for the child in question has been established or acknowledged in accordance with state laws ; ( C ) the requester has provided at least 10 days prior notice to the consumer, by certified or registered mail to the last known address, that the report will be requested ; and ( D ) the consumer report will be kept confidential and used solely for the purpose described in subparagraph ( A ), not in connection with any other civil, administrative, or criminal proceeding.

( 5 ) To an agency administering a state plan under section 654 of title 42, for use in setting an initial or modified child support award.

15 U.S. Code Chapter 41 - CONSUMER CREDIT PROTECTION SUBCHAPTER III - CREDIT REPORTING AGENCIES U.S. Code 1681a - Definitions ; Rules of Construction ( d ) Consumer Report.

( 1 ) In general.The term consumer report refers to any written, oral, or other communication of information by a consumer reporting agency that pertains to a consumers creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. This information is used, or expected to be used, for the purpose of establishing the consumers eligibility for ( A ) credit or insurance primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.

( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely about transactions or experiences between the consumer and the reporting entity.

I am providing proof of claim indicating that the late payment ( s ) have been removed from the XXXX consumer report. This documentation is essential for verifying the accuracy of the credit history. Please refer to Exhibit A for the attached files. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX