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)

I am writing to formally dispute the inaccurate reporting of my account with XXXX XXXX on my consumer credit report. I have identified several significant violations of federal consumer protection laws that require your immediate attention and correction. 

1. Inaccurate Reporting of Charge-Off and Collection XXXX XXXX has reported both a collection and a charge-off on my account. This dual reporting is misleading and violates 15 U.S.C. 1681s-2 ( a ), which mandates that furnishers of information must report accurate details. Each designation serves a different purpose and should not coexist on the same account, as this misrepresents the status of the account to potential creditors.

2. Violation of 15 U.S.C. 1681c Reporting of Adverse Information According to 15 U.S.C. 1681c, no consumer reporting agency may report adverse information, including charge-offs, for more than seven years. The inclusion of this information on my credit report is potentially violating the time limitations set forth in this statute, particularly if the account is older than this timeframe.

3. Failure to Provide Proper Verification Under 15 U.S.C. 1681i, I have the right to dispute the accuracy of information reported on my credit report. Upon disputing the validity of this account, XXXX XXXX is obligated to conduct a reasonable investigation and verify the information. However, I have not received satisfactory confirmation of this investigation or any supporting documentation that validates the reporting of the charge-off and collection.

4. Violation of 15 U.S.C. 1681e ( b ) Accuracy and Fairness of Reporting According to 15 U.S.C. 1681e ( b ), consumer reporting agencies must implement reasonable procedures to ensure the maximum possible accuracy of the information they report. The current reporting of my account fails to meet this standard, leading to inaccuracies on my consumer report that may adversely affect my creditworthiness.

5. Violation of 15 U.S.C. 6801 Privacy of Consumer Information The Fair Credit Reporting Act ( FCRA ) under 15 U.S.C. 1681, Section 602 ( a ) emphasizes that consumer reporting agencies must exercise their grave responsibilities with fairness, impartiality, and respect for consumers ' privacy. As a consumer, I have the right to protect my private information. This is further supported by 15 U.S.C. 6801, which states that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and protect the security and confidentiality of their nonpublic personal information.

6. Lack of Consent for Reporting Under 15 U.S.C. 604 ( a ) ( 2 ), any consumer reporting agency may furnish a consumer report only in accordance with the written instructions of the consumer. XXXX XXXX does not have my consent to furnish this information, and I revoke any previous consent, whether it be verbal, non-verbal, written, implied, or otherwise. Furthermore, 15 U.S.C. 6802 ( b ) ( c ) states that a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is informed about how to exercise their nondisclosure option. I was never provided this information by XXXX XXXX. 

7. Violations Related to Reporting of Adverse Items As per 15 U.S.C. 1681c ( a ) ( 5 ), no consumer reporting agency may include any adverse item of information, such as charge-offs, in a consumer report if the information is more than seven years old. The reporting of this account, which constitutes adverse information, without my permission is unlawful. Furthermore, 15 U.S.C. 1681s-2 ( A ) ( 1 ) states that a person shall not furnish any information relating to a consumer to any consumer reporting agency if they know or have reasonable cause to believe that the information is inaccurate. XXXX XXXX has not fulfilled its obligation to ensure accuracy.

8. Opting Out of Information Sharing In addition to disputing the inaccuracies, I am formally opting out of any sharing of my nonpublic personal information with third parties, as permitted by 12 CFR 1016.7, which states that a consumer may exercise the right to opt out at any time. I am exercising that right effective immediately.

Conclusion and Demand for Action Due to these violations, I formally request that XXXX XXXX correct the inaccuracies on my credit report by removing the charge-off and collection reporting. This account must be updated to reflect accurate information in compliance with federal law. 

I expect to receive written confirmation of these corrections within 30 days from the date of this letter. Failure to address this matter will result in further action on my part, including but not limited to filing complaints with the Consumer Financial Protection Bureau and pursuing legal remedies under the Fair Credit Reporting Act.