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)

XX/XX/XXXX Dear XX/XX/XXXX, I am writing to formally dispute the validity of the above-referenced account. As previously stated, I did not authorize or open this account, and it was created fraudulently without my consent. I have already provided supporting evidence in the form of a police report and a signed FTC identity theft affidavit. 

Despite these submissions, your recent communication indicated that there was insufficient evidence to remove the account and that the verification of the provided information matched my details. However, this does not change the fact that this account was opened fraudulently using my personal information without my authorization. 

I would also like to ask : **Do you understand what identity theft means? ** By definition, identity theft occurs when someone uses another persons identifying information, such as their name, Social Security number, or credit card number, without their permission to commit fraud or other crimes. Just because information may appear to match does not mean the account was authorized or legitimate. Thieves often use accurate personal data to carry out this type of fraud. 

Therefore, I am requesting that you provide the following : 1. A copy of the original signed application for this account. 
2. Evidence of the electronic acknowledgment, including IP address, date, and time of signature. 
3. Proof that the account was opened with my explicit consent, as required by the Fair Credit Reporting Act ( FCRA ). 

I urge you to re-evaluate your decision in light of the evidence provided. I expect prompt action and a thorough investigation. Failure to do so may result in further legal actions or filing complaints with the Consumer Financial Protection Bureau ( CFPB ). 

Sincerely, **XX/XX/XXXX **Experian**XX/XX/XXXXXXXX XXXX, TX XXXX **RE : Formal Complaint Regarding Reporting of Unverifiable Information and Failure to Block Fraudulent Account** 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 and, 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 that credit reporting agencies 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 XXXX 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. 

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. 

I demand that Experian immediately block the fraudulent accounts that I have disputed 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, **XX/XX/XXXX **RE : Formal Complaint Against XXXX XXXX XXXX and Experian for Violating Section 605B of the FCRA and Other Consumer Protection Laws** Dear CFPB, I am filing a formal complaint against **XX/XX/XXXX** and **Experian** for their continuous violations of the Fair Credit Reporting Act ( FCRA ), particularly Section 605B, and other consumer protection laws. Both companies have repeatedly failed to comply with their legal obligations to block and remove fraudulent and unverifiable information from my credit report, despite my providing both a **police report** and a **Federal Trade Commission ( FTC ) identity theft report**, as required by law. 

# # # Background : 1. XXXX XXXX XXXX has reported an account that I did not open or authorize, which was created through identity theft. I have provided substantial evidence in the form of a police report and an FTC identity theft affidavit, both of which are legally sufficient to invoke Section 605B of the FCRA, requiring the immediate blocking of fraudulent information. 

2. **Experian**, as the credit reporting agency , is obligated under the FCRA to block any fraudulent accounts once a consumer provides proof of identity theft. Despite receiving the police report and FTC identity theft affidavit, Experian has **continued to report the fraudulent account** and has failed to investigate or verify the legitimacy of the account as required by law. 

# # # Violations : Both XXXX 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 XX/XX/XXXX XXXX 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. 

# # # Requested Action : I am seeking the CFPBs assistance to hold both XXXX XXXX XXXX and Experian accountable for their violations of consumer protection laws. I request that the CFPB : 1. Investigate the continued reporting of fraudulent and unverifiable information by XXXX XXXX XXXX and Experian. 
2. Take appropriate enforcement actions to ensure that both companies comply with Section 605B of the FCRA and any other relevant consumer protection regulations. 
3. Ensure that the fraudulent account is immediately blocked and permanently removed from my credit report. 
4. Impose penalties and sanctions, if applicable, for their failure to comply with the FCRA and other consumer laws. 

I have attached copies of the police report and FTC identity theft affidavit for your review, as well as correspondence with XXXX XXXX XXXX and Experian. 

Thank you for your prompt attention to this matter. I look forward to your assistance in resolving this issue and ensuring that my rights as a consumer are upheld. 

Sincerely, **XX/XX/XXXXXXXX XXXX