Consumer complaint received 2024-10-01
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 XXXX, XXXX XXXX XXXX, FL XXXX XXXX | XXXX : XX/XX/XXXX XX/XX/XXXX Experian Subject : Request for Debt Elimination for Failure to Verify and Comply Under the Fair Credit Reporting Act ( FCRA ) Reference Number : XXXX Dear Representatives, I am contacting you in reference to the account referenced above and the dispute I filed regarding the information reported by XXXX XXXX XXXX XXXX XXXXXXXX XXXX Pursuant to applicable federal laws, particularly the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., I requested a full and thorough verification of the validity of this debt, as well as a justification for the information that continues to be reported on my credit reports. 

Requirements not met by the creditor : Lack of Detailed Description of Investigation : XXXX XXXX XXXX did not provide a clear and specific breakdown of the methods and procedures used to verify the debt, as required by the FCRA at 15 U.S.C. 1681i ( a ) ( 1 ) ( A ). They only mentioned that the debt was validated without explaining how the validation was performed or what documents were reviewed. 

Lack of Verifiable Documents : The creditor did not submit adequate evidence to confirm the validity of the debt. According to the FCRA, any information reported to a credit bureau must be accurate, complete, and verifiable. In this case, the creditor failed to provide : Original contracts. 
Complete transaction history.

Relevant communications between the original financial institution and PRA justifying the debt.

Non-existent Legal Basis : The creditor did not clarify on what basis they are continuing to report the debt nor did they provide legal or regulatory grounds. This failure to provide adequate validation is evident, which implies a direct violation of the FCRA, 15 U.S.C. 1681e ( b ), which establishes the obligation to report accurate and substantiated information. 

Failure to Respond to Verification Requests : According to the case law established in Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ), a cursory verification is not sufficient to maintain disputed information on a credit report. In this case, the response provided by XXXX XXXX XXXX was deficient and does not address the essential points raised. 

Experian Request for Information Removal : Because XXXX XXXX XXXX failed to complete the verification required under the FCRA and their response did not include the necessary documentation to accurately and completely substantiate the debt, I formally request that you remove this account from my credit reports immediately. 

Legal arguments supporting my request : 15 U.S.C. 1681i ( a ) : Credit bureaus are required to remove information if it can not be accurately and completely verified.

15 U.S.C. 1681s-2 ( b ) : Information providers, such as XXXX XXXX XXXX XXXX XXXX required to conduct a reasonable inquiry and submit verifiable evidence. In this case, they failed to do so. 
Relevant Case Law : According to the ruling in Dennis v. BEH-1, LLC, 520 F.3d 1066 ( 9th Cir. 2008 ), when information is unverifiable or there is a question about its accuracy, credit bureaus must correct or remove such information. 
Financial Impact and Damage : The continued inclusion of this unverified information on my credit reports has severely affected my credit score.

I have experienced significant financial harm by losing opportunities to obtain loans at favorable rates. 
This situation has also caused emotional distress and irreparable damage to my financial reputation. 
Final Demand : I request that this account be permanently removed from my credit reports within 15 days, pursuant to my right under the Fair Credit Reporting Act. If I do not receive confirmation of removal, I will file additional complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ), and will explore legal action for damages. 

Attached is evidence of failure from XXXX XXXX XXXX Thank you for your attention to this matter and I look forward to your prompt response. 

Sincerely, XXXX XXXX XXXX XXXX