Consumer complaint received 2024-09-19
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc. (NJ)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NJ XXXX XX/XX/year> Experian XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Subject : Formal Request for Removal of Charge-Off and Explanation of Unlawful Data Manipulation Account Number : XXXX Dear Experian Dispute Department, I am writing to follow up on my previous dispute regarding the charge-off listed on my credit report from XXXX XXXX XXXX ( Account Number : XXXX ). Your response made minimal changes that fail to address my concerns and do not comply with federal consumer protection laws. I am requesting immediate action based on the following violations. 
Dispute Overview : In my initial dispute, I requested verification of the following : Accuracy of the balance reported in connection with the charge-off. 
Complete documentation proving that XXXX XXXX  XXXX verified the charge-off according to the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681i and the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g.

A formal letter of verification detailing the process and documents used to verify the charge-off, as per my rights under the FCRA, 15 U.S.C. 1681i.

Violation and Unlawful Data Manipulation : Your response made superficial adjustments by replacing multiple instances of " Charge-Off '' ( CO ) with " No Data for this period '' ( ND ) in my payment history. This action is a violation of the FCRA, specifically under 15 U.S.C. 1681s-2 ( a ) ( 1 ), which mandates accurate and truthful reporting. The repeated listing of the charge-off across several months was already in violation of the FCRA, and merely replacing those entries with " ND '' is not an acceptable correction. 
The law is clear : when information is found to be inaccurate, unverifiable, or incomplete, it must be corrected or removed, not masked. Your decision to replace the charge-off entries with " ND '' instead of removing them outright is not only misleading but is also an unlawful attempt to conceal a violation. According to 15 U.S.C. 1681e ( b ), credit reporting agencies are required to maintain the accuracy and completeness of the information reported, and replacing unlawful charge-offs with " ND '' fails to meet this legal standard.

Request for Formal Explanation and Immediate Action : Given these facts, I am requesting the following : A detailed, formal explanation from Experian explaining why multiple charge-offs were reported inaccurately and why they were replaced with " ND '' instead of being removed, as is required by the FCRA.

Immediate removal of the charge-off from my credit report. According to the FCRA, 15 U.S.C. 1681i ( a ) ( 5 ), if disputed information can not be verified or corrected, it must be deleted. XXXX XXXXXXXX XXXX has failed to properly verify the charge-off, and Experians masking of the issue with " ND '' further proves that this information is inaccurate or unverifiable. 
A formal letter of verification from XXXX XXXX XXXXXXXX, or if they are unable to provide one, the immediate deletion of the charge-off. 
Legal Non-Compliance and Consequences : By manipulating the data and failing to properly address this violation, Experian is in breach of the Fair Credit Reporting Act ( FCRA ) and Fair Debt Collection Practices Act ( FDCPA ). Under 15 U.S.C. 1681i ( a ) ( 1 ) ( A ), Experian has the legal obligation to conduct a thorough and accurate investigation of disputed items and to remove any information that is inaccurate or unverifiable.

Failure to comply with these mandates is subject to enforcement and penalties under the Consumer Financial Protection Bureau ( CFPB ), as outlined in 12 U.S.C. 5565. I will escalate this matter to the CFPB if this issue is not resolved in full compliance with the FCRA and FDCPA. The repeated charge-off entries and their unlawful replacement with " ND '' are clear violations, and I will pursue all legal remedies to ensure this is corrected. 
Conclusion : I expect immediate removal of the charge-off from my credit report, as required by federal law, and a formal explanation regarding why this violation occurred in the first place. If this issue is not resolved promptly, I will escalate this case to the CFPB. 
Thank you for your attention to this matter. I expect a detailed response and resolution within the legally mandated time frame. 
Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX