Consumer complaint received 2024-09-25
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. (TN)

Formal Complaint FDCPA & FCRA Violations by XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX ( Request # XXXX ) To Whom It May Concern, I am writing to formally file a complaint against all credit reporting agencies, XXXX XXXX XXXX XXXX ( XXXX ) and XXXX XXXX XXXX XXXX for violations of the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). Below is a detailed account of the events and how both companies have failed to comply with federal law regarding debt collection and credit reporting. I request immediate intervention by the CFPB to resolve these issues. 

Timeline and Issues : 1. Debt Validation Request to XXXX XXXX ( XX/XX/XXXX ) : On XX/XX/XXXX, I sent an email to XXXX XXXX requesting validation of a debt that appeared on my credit report under their name. XXXX XXXX responded, informing me that the debt had been transferred to a third-party collection agency, XXXX XXXX XXXX XXXX XXXX Despite this transfer, XXXX XXXX remained listed as the creditor on my credit report, prompting me to question the accuracy of the report. 


2. Dispute with Credit Reporting Agencies ( XX/XX/XXXX XX/XX/XXXX ) : I disputed the listing with all three major credit bureaus ( Experian, XXXX, and XXXX ) because XXXX XXXX  was still listed as the creditor, even though the debt had been transferred to a third-party collection agency. The credit bureaus concluded their investigations with the statement that the account " meets FCRA requirements, '' despite the inaccurate listing of XXXX XXXX as the creditor. 


3. Second Dispute and Balance Discrepancy ( XX/XX/XXXX ) : On XX/XX/XXXX, I initiated another dispute with the credit bureaus. This time, I highlighted the fact that the balance reported by XXXX XXXX on my credit report was {$1600.00}, while XXXX XXXX XXXX XXXX sought {$1600.00}. While the difference of {$0.00} may seem minor, the FCRA requires accurate reporting, and this discrepancy was not addressed in any of the previous disputes. 


4. Debt Validation Request to XXXX XXXX XXXX XXXX ( XX/XX/XXXX, Request # XXXX ) : On XX/XX/XXXX, I sent an email to XXXX XXXX  ( under Request # XXXX ) requesting validation of the debt, which included : Verification of the original creditor. 

Proof of ownership of the debt. 

A complete payment and account history. 

An explanation for the discrepancy between the balance listed on my credit report and the amount being collected. 


XXXX XXXX responded by asking me to verify my identity, which I promptly did. However, instead of fulfilling their obligation under the FDCPA to provide the requested debt validation themselves, they referred me back to the original creditor, XXXX XXXX. Moreover, they directed me to view the documents opportunity financial had provided via their own borrower portal, rather than providing them directly. Their email stated that XXXX had investigated the debt and provided the results via the XXXX XXXX borrower portal. 



Violations and Non-Compliance : Failure to Validate the Debt : XXXX XXXX violated 15 U.S.C. 1692g ( b ) of the FDCPA by not fulfilling my validation request. Referring me back to XXXX XXXX does not satisfy their legal obligation to provide debt validation directly to me as the debt collector. 

Inaccurate Reporting : Despite transferring the debt to XXXX XXXX, XXXX XXXX remains listed as the creditor on my credit report. This misreporting violates 15 U.S.C. 1681s-2 of the FCRA, which requires furnishers to report accurate information to credit reporting agencies. 

Balance Discrepancy : The {$0.00} discrepancy between the balance on my credit report and the amount being collected by XXXX XXXX is a violation of the FCRAs requirement for accuracy in reporting. Neither XXXX XXXX nor XXXX XXXX has provided any explanation for this discrepancy.