Consumer complaint received 2024-07-23
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. (GA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX Subject : Dispute of Refusal to Remove Fraudulent Account due to Identity Theft Dear Sir/Madam, I am writing to formally dispute the decision by XXXX and Experian to refuse the removal of an account that was fraudulently created in my name due to identity theft. Despite providing an affidavit and substantial evidence to support my claim, the account remains active on my credit report, causing significant distress and damage to my creditworthiness. 

**Details of the Fraudulent Account : ** XXXX XXXX XXXX Date Opened : XXXX XXXX, XXXX Balance : {$550.00} - **Date of Discovery : ** XX/XX/XXXX - **Affidavit Provided On : ** XX/XX/XXXX **Legal Basis for the Dispute : ** 1. **Fair Credit Reporting Act ( FCRA ), 15 U.S.C . 1681** : The FCRA requires credit reporting agencies to ensure the accuracy and privacy of the information included in consumer reports. According to Section 611 of the FCRA ( 15 U.S.C. 1681i ), consumers have the right to dispute inaccurate information, and credit reporting agencies must investigate the dispute and correct any inaccuracies found.

2. **Section 609 ( e ) of the FCRA ( 15 U.S.C . 1681g ( e ) ) ** : This section specifically addresses identity theft, stating that when a consumer provides an identity theft report such as an affidavit, the credit reporting agency must block the fraudulent information from appearing on the consumers credit report. 

3. **Right to Sue under the FCRA , 15 U.S.C . 1681n and 15 U.S.C. 1681o** : These sections of the FCRA provide that consumers have the right to sue credit reporting agencies that willfully or negligently fail to comply with the requirements of the FCRA . Specifically : - **15 U.S.C. 1681n** : Consumers can sue for willful noncompliance, which includes actual damages, punitive damages, and attorneys fees.

- **15 U.S.C. 1681o** : Consumers can sue for negligent noncompliance, which includes actual damages and attorneys fees.

**Evidence Provided : ** 1. **FTC Affidavit of Identity Theft : ** Duly signed and notarized affidavit detailing the circumstances of the identity theft and affirming that the fraudulent account is not associated with me.

2. **Correspondence Records : ** Copies of all correspondence with Experian and XXXX XXXX this matter, including emails, letters, and notes from phone conversations. 

**Request for Resolution : ** In light of the evidence and the legal obligations of Experian and XXXX respectfully request the following actions : 1. **Immediate Removal of the Fraudulent Account : ** Ensure that the account created through identity theft is permanently removed from my credit report.

2. **Correction of Any Associated Records : ** Rectify any records that may have been affected by the fraudulent account to reflect accurate information.

3. **Confirmation of Resolution : ** Provide written confirmation that the fraudulent account has been removed and that all necessary corrections have been made. 

Please acknowledge receipt of this letter and provide an estimated timeline for the resolution. If this matter is not resolved promptly, I am prepared to take further action, including but not limited to, filing a complaint with the Consumer Financial Protection Bureau ( CFPB ) and pursuing legal action under the FCRA as outlined in 15 U.S.C. 1681n and 15 U.S.C. 1681o.

Thank you for your prompt attention to this serious matter.