Consumer complaint received 2024-09-20
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. (CA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX SSN : XXXX XXXX : XXXX Phone Number : XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX **RE : Formal Dispute and Request for Removal of Fraudulent Account ( Account Number : XXXX ) ** Dear XXXX, I am writing to formally dispute the fraudulent account associated with my name and Social Security number, account number XXXX, which was opened on XXXX XXXX, XXXX. This account was created without my authorization, and I have provided both a **police report** and a **Federal Trade Commission ( FTC ) identity theft report** to prove that this account is the result of identity theft. 

Under the **Fair Credit Reporting Act ( FCRA ) **, specifically **Section 605B**, you are legally required to block and cease reporting any fraudulent account information once a consumer provides valid identity theft documentation. Despite my providing both a police report and FTC affidavit, XXXX XXXX has failed to take the necessary steps to investigate and remove this fraudulent account from my credit report. 

# # # Account Details ( XXXX XXXX XXXXXXXX ) : - **Original Creditor** : XXXX XXXX - **Date Opened** : XX/XX/XXXX - **Status** : Closed, Account charged off, {$130.00} written off, {$130.00} past due as of XX/XX/XXXX - **Balance** : {$130.00} as of XX/XX/XXXX - **Past Due Amount** : {$130.00} - **Contact Info** : ( XXXX ) XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX Violations of the FCRA : By continuing to report this fraudulent account to the credit bureaus, XXXX XXXX is in violation of Section 605B of the FCRA**, which requires that any information related to identity theft be blocked once the consumer has provided adequate documentation. I have submitted the required documentation, and yet you have failed to meet your legal obligations by continuing to report this information. 

Additionally, I have requested **verifiable documentation**, including a **physical copy of the original contract** or application bearing my wet signature. To date, **you have not provided any such document**. This failure to provide verifiable proof of my authorization to open this account further violates your obligations under the FCRA. 

# # # Consequences of Non-Compliance : By continuing to report this fraudulent account without providing verifiable proof, XXXX XXXX is knowingly reporting inaccurate information. I would like to remind you of the penalties for non-compliance, which include : 1. **Civil penalties** : Consumers may file lawsuits to recover damages, including statutory damages ranging from {$100.00} to {$1000.00} per violation, as well as punitive damages in cases of willful non-compliance. 

2. **Civil liability** : XXXX XXXX may also be liable for any actual damages caused by the continued reporting of fraudulent information, including harm to my credit profile and financial standing. 

# # # Demand for Immediate Action : I demand that XXXX XXXX immediately cease reporting this fraudulent account** and ensure it is permanently removed from all credit reporting agencies. If you fail to do so, I will file complaints with the **Consumer Financial Protection Bureau ( CFPB ) ** and the **Federal Trade Commission ( FTC ) ** for violation of the FCRA. 

Please confirm in writing that the fraudulent account has been removed from my credit report. I expect immediate compliance to prevent further damage to my credit profile. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX SSN : XXXX DOB : XXXX Phone Number : XXXX XXXX XXXX, XXXX **Experian** XXXX XXXX XXXX XXXX XXXX XXXX  **RE : Formal Complaint Regarding Reporting of Unverifiable Information and Failure to Block Fraudulent Account ( XXXX XXXX XXXX ) ** Dear Experian, I am writing to formally express my concern regarding the integrity of the consumer report associated with my name and Social Security number. I have disputed several fraudulent accounts that have been reported to Experian, including the account with XXXX XXXX , account number XXXX, which was reported with a balance of {$130.00} as of XXXX XXXX. 

In accordance with my rights under the Fair Credit Reporting Act ( FCRA ), I have provided both a police report and a Federal Trade Commission ( FTC ) identity theft affidavit as proof that these accounts were not opened by me but were the result of identity theft. 

As you are aware, **Section 605B of the FCRA** requires credit reporting agencies to block the reporting of fraudulent information on a consumers credit report once the consumer provides a valid identity theft report and a police report. I have met these legal requirements, yet Experian has failed to comply with its obligation to block the information in question. 

This negligence on Experians part not only violates **Section 605B** but also undermines the integrity of my consumer report by allowing unverifiable and fraudulent accounts to continue being reported. **Under the FCRA, Experian is required to ensure that only accurate and verifiable information is reported**. By continuing to report these fraudulent accounts, Experian is breaking the law by failing to take appropriate action upon receiving my identity theft documentation. 

# # # Account Details ( XXXX XXXX XXXXXXXX ) - **Original Creditor** : XXXX XXXXXXXX - **Date Opened** : XX/XX/XXXX - **Status** : Closed, Account charged off, {$130.00} written off, {$130.00} past due as of XX/XX/XXXX - **Balance** : {$130.00} as of XX/XX/XXXX - **Past Due Amount** : {$130.00} - **Contact Info** : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Despite the overwhelming evidence I have provided , XXXX XXXX continues to report this fraudulent information on my credit report , and Experian has failed to take the necessary steps to investigate or remove this information, in clear violation of the law. 

# # # Violations : Both XXXX XXXX and **Experian** have violated the following : 1. **Section 605B of the FCRA** : This section mandates that, upon receiving an identity theft report and police report, a credit reporting agency must block any fraudulent information from a consumer 's credit report. Despite my providing both documents, neither company has taken the necessary steps to block or remove the fraudulent account. 

2. **Failure to Provide Verifiable Documentation** : I have formally requested that XXXX XXXXXXXX and Experian provide me with a **physical copy of the original contract** or application that bears my wet signature or any other verifiable document proving that I authorized the account in question. To date, **neither company has provided such documentation**, yet they continue to report the account on my credit report, in direct violation of the FCRA. 

3. **Negligence in Reporting Unverifiable Information** : Both companies are knowingly reporting inaccurate and unverifiable information. By law, they are obligated to ensure that the information they report is accurate and verifiable. Their failure to do so has caused undue harm to my credit profile and financial standing. 

# # # Penalties for Non-Compliance : I would like to remind Experian of the serious legal implications of non-compliance with the FCRA. The penalties for knowingly reporting inaccurate or unverifiable information can include : 1. **Civil penalties** : Consumers may file lawsuits to recover damages, including statutory damages ranging from {$100.00} to {$1000.00} per violation, as well as punitive damages in cases of willful non-compliance. 

2. **Civil liability** : Under the FCRA, Experian may also be liable for any actual damages caused by the continued reporting of fraudulent information on my credit report, including but not limited to higher interest rates, denials of credit, or other adverse financial impacts. 

3. **Government enforcement** : The Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ) have the authority to enforce the provisions of the FCRA and may pursue further actions against Experian for ongoing violations. 

# # # Demand for Immediate Action : I demand that Experian immediately block the fraudulent accounts that I have disputed, including the account with XXXX XXXXXXXX , and ensure that they are permanently removed from my credit report. Failure to do so will result in further legal action and complaints being filed with the CFPB and FTC for violation of **Section 605B of the FCRA**. 

Please confirm in writing that the fraudulent accounts have been blocked and removed from my credit report. I expect immediate compliance to prevent further damage to my credit profile. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX SSN : XXXX DOB : XXXX Phone Number : XXXX XXXX XXXX, XXXX **Consumer Financial Protection Bureau** XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX **RE : Formal Complaint Against XXXX XXXX and Experian for Violating the Fair Credit Reporting Act** Dear CFPB , I am writing to file a formal complaint against XXXX XXXX and **Experian** for their continuous violations of the **Fair Credit Reporting Act ( FCRA ) **, specifically **Section 605B**, regarding my consumer report. 

# # # Background : I have disputed several fraudulent accounts reported to Experian, including an account with XXXX XXXXXXXX , account number XXXX, which was opened without my authorization on XXXX XXXX, XXXX. I have provided both a **police report** and a **Federal Trade Commission ( FTC ) identity theft affidavit** as proof that this account was opened as a result of identity theft. 

# # # Violations : 1. **Failure to Block Fraudulent Account** : Under Section 605B of the FCRA, credit reporting agencies are required to block the reporting of fraudulent information once a valid identity theft report and police report are submitted. Despite meeting these legal requirements, both XXXX XXXX and Experian have failed to block this fraudulent account from my credit report. 

2. **Negligence in Reporting** : Both companies continue to report unverifiable and inaccurate information. XXXX XXXX has not provided me with a physical copy of the original contract or application that bears my signature, which is required to verify the legitimacy of the account. 

3. **Potential Harm** : The ongoing reporting of this fraudulent account has caused significant harm to my credit profile and financial standing, impacting my ability to obtain credit and resulting in higher interest rates. 

# # # Requested Action : I request that the CFPB investigate the actions of XXXX XXXX and Experian regarding their handling of this matter. Specifically, I ask that the CFPB : 1. Investigate the continued reporting of fraudulent and unverifiable information by XXXX XXXX and Experian. 
2. Ensure that both companies comply with Section 605B of the FCRA and take appropriate enforcement actions for their violations. 
3. Assist in ensuring the fraudulent account is blocked and removed from my credit report. 

I have attached copies of the police report, FTC identity theft affidavit, and correspondence with both companies for your review. 

Thank you for your attention to this serious matter. I look forward to your assistance in resolving this issue and protecting my rights as a consumer. 

Sincerely, XXXX XXXX XXXX XXXX