Consumer complaint received 2024-10-10
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. (NJ)

Dear CFPB, I am filing this formal complaint against the following credit reporting agencies : XXXX, Experian, and XXXX, as well as several debt collectors and creditors, regarding multiple violations of the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). Below are the details of the violations found on my credit reports dated [ Date of Credit Report ]. 

Violations Identified : Inconsistent and Inaccurate Reporting ( Collections and Charge-Off Accounts ) : Account : XXXX XXXX XXXX XXXX Account Number : [ XXXX ] ** This account shows inconsistent information across the credit bureaus. XXXX lists the balance as {$1200.00} with a last activity date of XX/XX/year>, while XXXX lists the balance as {$1100.00} with the last activity recorded on XX/XX/year>. Under FCRA 15 U.S. Code 1681e ( b ), credit reporting agencies are required to maintain maximum accuracy. These discrepancies mislead potential creditors and violate the law. 

Account : XXXXXXXX XXXX, Account Number : [ XXXX ] ** This account is reported as charged off and reflects different balances between credit bureaus. XXXX shows a charge-off balance of {$1900.00}, while Experian and XXXX list conflicting balances. This violates the accuracy requirement under FCRA and should be corrected or removed. 

Failure to Validate Debt ( Collections ) : Account : XXXX XXXX XXXX, Account Number : [ XXXX ] * This account, listed as a collection for {$1300.00}, has not been properly validated as required by FDCPA 15 U.S. Code 1692g. Since no debt validation has been provided, this collection account should not be reported, and its presence violates my consumer rights. 

Account : XXXX, Account Number : [ XXXX ] * This collection account has been charged off for {$1800.00}. I requested validation of the debt, but none was provided by the creditor or collector. Reporting the debt without validation is a violation of FDCPA. 

Statute of Limitations Exceeded : Account : XXXX XXXX Account Number : [ XXXX ] ** This account shows a charge-off status, yet the date of last activity is beyond the 7-year reporting period allowed by FCRA 15 U.S. Code 1681c ( a ) ( 4 ). This charge-off should have been removed, as the statute of limitations has expired. 

Account : XXXXXXXX XXXX XXXXXXXX, Account Number : [ XXXX ] ** This charge-off account has exceeded the reporting period allowed by FCRA. The date of last activity is beyond the 7-year limit, yet it is still being reported on all three credit bureaus, which violates 15 U.S. Code 1681c. 

Failure to Report Updates ( Paid Off or Settled Debts ) : Account : XXXX XXXX XXXX, Account Number : [ XXXX ] ** This collection account has been paid off, yet it is still being reported as open and unresolved. Under FCRA 15 U.S. Code 1681s-2 ( a ) ( 2 ), furnishers of information must update the account to reflect its paid status. The failure to update this information results in inaccurate reporting. 

Account : XXXXXXXX XXXX, Account XXXX : [ XXXX ] ** This account shows a charged-off balance of {$1600.00}, even though it has been settled. It is still listed as a derogatory account, which is inaccurate. Under the FCRA, accounts must be updated once settled or paid in full. 

Incorrect Status Reporting ( Charge-Offs ) : Account : XXXX XXXX XXXXXXXX XXXX Account Number : [ XXXX ] ** This account is being reported as charged off with a balance of {$120.00}, but it has been settled. Continuing to report this as an unpaid charge-off is a violation of the FCRAs accuracy requirements. 

Account : XXXX, Account Number : [ XXXX ] * This account shows a charge-off of {$3700.00}, but it was refinanced and closed. The account should not be reported as a charge-off, as it was resolved through refinancing. The incorrect status violates the requirement for accurate and up-to-date reporting under 15 U.S. Code 1681s-2.

Case Law Supporting My Claims : Henson v. Santander Consumer USA Inc. ( regarding proper reporting by debt buyers ) FTC v. Accusearch Inc. ( highlighting the importance of maintaining accurate and fair credit reporting standards ) Action Requested : I kindly request that the CFPB investigate these violations and take appropriate enforcement actions against the parties involved. I also request that the accounts in question be updated or removed in compliance with FCRA regulations. 

Thank you for your attention to this matter. I look forward to your response and a swift resolution.