Consumer complaint received 2024-09-04
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc. (NC)

I am filing this formal complaint against Experian and intend to pursue legal action if immediate corrective measures are not taken. XXXX failure to accurately report information regarding the XXXX XXXX XXXX account on my credit report is not only negligent but constitutes multiple violations of federal law. 

Background : The XXXX XXXX XXXX account, which has been removed from my XXXX credit report for some time, continues to be inaccurately reported by Experian. Despite having a {$0.00} balance and no past due amounts, Experian has failed to reflect the accurate status of this account. Meanwhile, my XXXX report shows no issues with this account, confirming that Experian is the outlier in this matter.

Violations : Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681i ( a ) ( 1 ) ( A ) Violation : Experian is required to conduct a reasonable investigation of any disputed information. The continued inaccurate reporting of this account, despite its removal from XXXX and correction on XXXX, demonstrates XXXX willful neglect in conducting a proper investigation.

FCRA - 15 U.S.C. 1681e ( b ) Violation : Experian must follow reasonable procedures to ensure the maximum possible accuracy of the information it reports. By inaccurately reporting this account as open and with 4 late payments when there is a {$0.00} balance and no past due amount, Experian is in direct violation of its legal obligations.

FCRA - 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) Violation : When information is found to be inaccurate or unverifiable, it must be deleted from the consumers file. XXXX refusal to update this account 's status to accurately reflect a {$0.00} balance, no past due amounts, and on-time payments is unlawful.

Fair Debt Collection Practices Act ( FDCPA ) - 15 U.S.C. 1692e ( 8 ) Violation : By continuing to report false credit information, Experian is facilitating the com

munication of false data, contributing to ongoing damage to my credit score.

Uniform Commercial Code ( UCC ) - Article 9 Violation : UCC 9-609 and 9-616 require creditors to provide accurate accounting and proof of their right to collect on debts. XXXX continued inaccurate reporting is complicit in this failure, as no proof has been provided to substantiate the incorrect data. 
Consumer Financial Protection Bureau ( CFPB ) Regulation V ( 12 C.F.R. 1022 ) Violation : Experian is required to correct or delete inaccurate, incomplete, or unverifiable information in a consumers credit report. The continued presence of incorrect information regarding this account on my Experian report is a direct violation.

Immediate Action Required : This is a final notice before initiating legal proceedings. I demand that Experian : Immediately delete or correct the XXXX XXXX XXXX account on my Experian credit report to accurately reflect the {$0.00} balance, no past due amounts, and the correct payment history.

Review and rectify its dispute resolution processes to ensure compliance with the FCRA and other applicable laws.

Provide a written acknowledgment confirming that this account has been corrected or removed. 
Intent to Sue : If Experian fails to take immediate corrective action within four ( 4 ) days of receiving this complaint, I will pursue all available legal remedies. This includes filing a lawsuit for willful and negligent violations of the FCRA, FDCPA, UCC, and other relevant statutes. I will seek statutory and punitive damages, as well as attorneys fees, under 15 U.S.C. 1681n and 1681o. 

Conclusion : XXXX ongoing noncompliance is unacceptable and has caused significant financial harm. This is Experians final opportunity to rectify these errors without further escalation. I expect prompt and decisive action to resolve this matter immediately.