Consumer complaint received 2024-10-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc. (DC)

Experian 's reckless disregard for State and Federal laws and the rights they afford me. Today I received an email from Experian that stated " We are responding to your request that information in your personal credit report be blocked due to identity theft. Based on our review of your request and the information available to us, we have determined that either : your request to block was made in error, or, your request to block information was based on a material misrepresentation, or, you knowingly obtained or should have known that you obtained possession of goods, services, or moneys as a result of one or more of the transactions that you are seeking to block. Therefore, we are declining your request to block one or more of the items of information. If you have additional relevant information that indicates that the disputed item ( s ) resulted from identity theft, please contact us again and provide this information. If you still believe the disputed item ( s ) is inaccurate, then we will add a statement of continued dispute to the credit report at your request. '' 1. At no time have you ever been given consent to dispute the information in question. It has only been reported to you as being the result of identity theft and you were asked to fulfill your statutory obligation to block the information in accordance with section 605B of the FCRA. That request was sent to you on XX/XX/year>, which Federal law stipulates that the CREDIT REPORTING AGENCY MUST BLOCK THE INFORMATION WITHIN 4 BUSINESS DAYS. Experian disregarded this requirement and over 2 months later has still not complied. Yesterday I spoke with an agent from Experian who confirmed you have and have had all the required documentation needed from me to block the information from my credit report in accordance with section 605b of the FCRA. However, I also learned from the agent that Experian does not handled requests made to block information which is the result of identity theft, in accordance with section 605b. The agent informed me that Experian does not block the information itself and instead relies on the furnisher to do so. FCRA 605B ( a ) ( 15 U.S.C. 1681c-2 ) states " Except as otherwise provided in this section, a CONSUMER REPORTING AGENCY shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. Thus it is Experian who is responsible for blocking the information and not the furnisher. Even if Experian were to delegate this responsibility to the furnisher, Experian would still be responsible for full compliance with the applicable law and thus would be liable for the harm caused by any non-compliance. In the present matter, the first time Experian received notice from me, which fully complied with FCRA 605B ( a ) was on XX/XX/year>. Regardless of whether Experian, the furnisher, or another third party was delegated the task of review and approval of the request by Experian, It was still legally obligated to ensure the task was completed within 4 business days, which would have been XX/XX/year> at the very latest. No action was taken. Not only was Experian 's reaction untimely, it did not conform to the requirements of section 605B, specifically section 605B ( d ) 2, which states " If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title. '' Section 1681 requirers among other things that the notification from the Credit Reporting Agency of its decision to not block information the consumer has stated is the result of identity theft, must include " a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher ''. Not only have none of your notices included this information, your agents have bluntly refused to comply with my requests for such information. Some of them have even hung up on me when I requested it, which only further demonstrates the lack of professionalism, accuracy, and accountability at Experian. Experian has since been given multiple opportunities to address its mishandling of my requests, but has declined to do. As a result I have and will continue to suffer irreparable harm. For example at the end of this week I will be homeless because I have been unable to secure housing because of the reporting of this information by Experian. Forcing someone into homelessness is inhuman and pure evil. The damage Experian will cause me come Friday will have a permanent adverse impact my life. Should this happen, I will spend every waking moment of my life to ensure you are held accountable and to stop you from ever doing the same to anyone else again. REMINDER : Dont forget that you will be receiving a followup complaint everyday until you have taken steps to address this issue and I am no longer being harmed by your reckless disregard for State and Federal laws and the rights they afford me. So last night I called and demanded that I be assigned yet another fraud resolution specialist, you know those people you employee who are supposed to " be work you every step of the way '' when a member falls victim to identity theft. In case you dont remember, the last two called me once, tried to conference in the furnisher but couldn't and then never returned any of my hundreds of calls to them again. So this new specialist was almost hilarious because of how little he actually knew or understood about applicable laws. He even told me that " We comply with the FCRA. We don't have to follow California law ''. Contrary to what he might think, when Experian is required to comply with California law, when it comes to someone like myself, who is a XXXX. He also claimed to me that the FCRA gave Experian the right to not block the information because the Furnisher said not to. In that spirit, here are some of the California laws which you have, are, and will continue to violate until you properly handle my block request : Cal Civ Code Section 1785.16 ( k ) If a consumer submits to a credit reporting agency a copy of a valid police report, or a valid investigative report made by a Department of Motor Vehicles investigator with peace officer status, filed pursuant to Section 530.5 of the Penal Code, the consumer credit reporting agency shall promptly and permanently block reporting any information that the consumer alleges appears on his or her credit report as a result of a violation of Section 530.5 of the Penal Code so that the information can not be reported. ( l ) In unblocking information as described in subdivision ( k ), a consumer reporting agency shall comply with all requirements of this section and 15 U.S.C. Sec. 1681i relating to reinvestigating disputed information. In addition, a consumer reporting agency shall accept the consumers version of the disputed information and correct or delete the disputed item when the consumer submits to the consumer reporting agency documentation obtained from the source of the item in dispute or from public records confirming that the report was inaccurate or incomplete, unless the consumer reporting agency, in the exercise of good faith and reasonable judgment, has substantial reason based on specific, verifiable facts to doubt the authenticity of the documentation submitted and notifies the consumer in writing of that decision, explaining its reasons for unblocking the information and setting forth the specific, verifiable facts on which the decision was based. ( i ) A consumer credit reporting agency shall maintain reasonable procedures to prevent the reappearance in a consumers file and in consumer credit reports of information that has been deleted pursuant to this section and not reinserted pursuant to subdivision ( c ). ( d ) A consumer credit reporting agency shall provide written notice to the consumer of the results of any reinvestigation under this subdivision, within five days of completion of the reinvestigation. The notice shall include ( 1 ) a statement that the reinvestigation is completed, ( 2 ) a consumer credit report that is based on the consumers file as that file is revised as a result of the reinvestigation, ( 3 ) a description or indication of any changes made in the consumer credit report as a result of those revisions to the consumers file and a description of any changes made or sought by the consumer that were not made and an explanation why they were not made, ( 4 ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the consumer credit reporting agency, including the name, business address, and telephone number of any furnisher of information contacted in connection with that information, ( 5 ) a notice that the consumer has the right to add a statement to the consumers file disputing the accuracy or completeness of the information, ( 6 ) a notice that the consumer has the right to request that the consumer credit reporting agency furnish notifications under subdivision ( h ), ( 7 ) a notice that the dispute will remain on file with the agency as long as the credit information is used, and ( 8 ) a statement about the details of the dispute will be furnished to any recipient as long as the credit information is retained in the agencies data base. A consumer credit reporting agency shall provide the notice pursuant to this subdivision respecting the procedure used to determine the accuracy and completeness of information, not later than 15 days after receiving a request from the consumer.