Consumer complaint received 2024-10-02
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. (FL)

XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX SSN : XXXX XXXX : XX/XX/XXXX XX/XX/XXXX Experian Subject : Formal Dispute for Correction of Payment Reporting - XXXX  XXXX XXXX XXXX Account # XXXX Dear Experian Dispute Department, I am writing to you regarding the account of XXXX XXXX XXXX XXXX identified by account number XXXX, which currently appears on my credit report with two payments reported as late. I want to formally dispute the information related to the late payments, as I believe it is incorrect and does not reflect my true payment history. Specifically, I request that the late payments reported in XX/XX/XXXX and XX/XX/XXXX be corrected to show as on-time, as there was never a delinquency of 30 days or more on this account. 

It is important to highlight that this account has already been previously disputed with Experian. I requested a thorough verification according to the Fair Credit Reporting Act ( FCRA ), Section 611, as well as the Florida Consumer Collection Practices Act ( FCCPA ), Section 559.72. However, the response I received was inadequate. Experian failed to provide any concrete verification and merely stated that the account " has not been changed and will remain on the report, '' without detailing the verification process or providing the documentation used to support the late payments.

Subsequently, I requested a detailed description of the investigation process, as required under FCRA, Section 611 ( a ) ( 6 ) ( B ), which obligates credit reporting agencies to provide the consumer with specific procedures followed to investigate the disputed information. Yet again, Experians response was vague and insufficient, thereby violating FCRA, Section 611 ( a ) ( 7 ), which requires that the consumer receive a clear explanation of the methods used to verify the information in their credit report.

These incomplete responses constitute serious violations of the following laws and sections : FCRA, Section 611 ( a ) ( 1 ) ( A ) - The right to a fair and thorough investigation of the dispute.

FCRA, Section 611 ( a ) ( 2 )- Obligation to notify the original creditor to obtain true and accurate information. 
FCRA, Section 611 ( a ) ( 5 ) ( A ) - Requirement to delete information if it can not be properly verified.

FCRA, Section 611 ( a ) ( 6 ) ( B ) - Provision of a detailed description of the verification process.

FCCPA, Section 559.72 ( 9 ) - Prohibition of using fraudulent means to collect or maintain incorrect or negative information on the consumer 's report.

FCCPA, Section 559.77 ( 3 ) - Failure to provide accurate documentation and support to the consumer disputing a debt or information. 
In light of these violations, I demand that Experian, along with XXXX XXXX XXXX, provide me with all the complete documentation used to verify these payments, including but not limited to : Complete payment history since the accounts inception, showing each payment date and corresponding status. 
Communications between XXXX XXXX XXXX and Experian regarding this account, specifying the documents and methods used to determine the accuracy of the late payments. 
Any prior correspondence justifying the decision to mark these payments as late, including the date of reporting and the criteria applied. 
I request that my credit report be updated to reflect the correction of the payments, and that the erroneous late payment marks be removed from my history. Should I not receive the requested documentation or a satisfactory response, I will consider taking the necessary legal actions, under both the FCRA and the FCCPA, to seek compensation for the damages caused by the repeated violations of my rights as a consumer. 

I expect your response within 30 days of receipt of this communication. 

Sincerely, XXXX XXXX XXXX XXXX