Consumer complaint received 2024-09-24
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc. (MI)

I. INTRODUCTION In the matter at hand, the Consumer ( Complainant ) alleges continued inaccuracies, material misrepresentations, and willful misconduct by Experian in its handling of the XXXX XXXX XXXX account/tradeline ( XXXX XXXX XXXX XXXX with corresponding account number XXXX. Despite multiple disputes and clear evidence of inaccuracies, Experian has consistently failed to correct the information, resulting in significant harm to Complainants creditworthiness and financial stability. II. KEY VIOLATIONS 1. Failure to Properly Investigate the Dispute ( Experian ) : Experian failed to conduct a reasonable investigation, relying solely on automated processes ( XXXX ) without addressing the clear evidence of inaccuracies provided in the disputes. 2. Failure to Validate Debt ( XXXX ) : XXXX  debt validation letter showed conflicting debt amounts ( {$740.00} vs. {$940.00} ), failing to meet FDCPA validation requirements, thereby violating 15 U.S.C. 1692g. 3. Inconsistent Reporting of DoFD : Inconsistent Dates of First Delinquency ( " DoFD '' ) across the major credit bureaus violates FCRAs maximum possible accuracy standard under 15 U.S.C. 1681e ( b ). Each bureau reported different dates for the same account, rendering the information materially misleading. 4. Continued Reporting Despite Invalidation : Both XXXX and Experian improperly continued reporting the collection account, even after XXXX ceased collection activity ( XXXX XX/XX/XXXX response ), which violates the FDCPA and FCRA. 5. Failure to Remove Inaccurate Information : Despite multiple disputes, Experian failed to delete or correct the inaccurate and unverifiable information as required under 15 U.S.C. 1681i ( a ) ( 5 ) ( A ). The discrepancies in the debt amount and DoFD necessitate removal, given Experians inability to verify the accuracy of the information. This is a direct violation of the FCRA 's reinvestigation obligations. 6. Refusal to Accept Further Disputes or Review New Documentation ( Experian ) : Experian 's refusal to accept further disputes or review new documentation related to the XXXX XXXX XXXX account/tradeline highlights a procedural failure under Section 611 of the FCRA. Given that the account is no longer under investigation by Experian and that prior disputes remain unresolved, this refusal constitutes a willful disregard of Complainants right to a thorough reinvestigation and remedy of inaccurate reporting. Experian 's reliance on automated responses without reviewing newly provided evidence further demonstrates their systemic failure to uphold statutory obligations under the FCRA. III. TIMELINE 1. XXXX Found Liable for Illegal Debt Collection Practices Date : XXXX XX/XX/XXXX Consent Order : XXXX Action : The CFPB issued a Consent Order against XXXX for filing false and misleading legal documents, pursuing unverified debts, and violating the FDCPA. The order prohibited XXXX from collecting or reporting negative credit information on unverified debts and imposed civil penalties. 2. Initial Dispute Submission to XXXX Date : XXXX XX/XX/XXXX Direct Dispute : CFPB XXXX Action : Direct dispute regarding the XXXX collection account submitted to XXXX. XXXX. Initial Dispute Submission to Experian Date : XXXX XX/XX/XXXX Report Number : XXXX Action : Initial dispute regarding the XXXX XXXX account submitted to Experian through the CFPB Complaint Portal . 4. Experian 's Initial Response Date : XXXX XX/XX/XXXX Report Number : XXXX Action : Experian acknowledged receipt of the dispute. Confirmed the dispute was under investigation. 5. Completion of Initial Investigation by Experian Date : XXXX XX/XX/XXXX Report Number : XXXX Action : Experian completed its initial investigation and claimed the information was verified as accurate. This investigation was rapid and likely used automated processes ( XXXX ). 6. Modification of Dispute by Experian Date : XXXX XX/XX/XXXX Report Number : XXXX Action : Original dispute was modified by an Experian specialist ( Report Number XXXX ) 7. Another Reinvestigation by Experian Date : XXXX XX/XX/XXXX Report Number : XXXX Action : A new XXXX dispute was filed with Experian 8. Experian 's Response to Modified Dispute Date : XXXX XX/XX/XXXX Report Number : XXXX Action : Experian acknowledges receipt of the new XXXX dispute and begins another reinvestigation 9. Experian 's Response to Modified Dispute Date : XXXX XX/XX/XXXX Report Number : XXXX Action : XXXX Dispute under Report Number : XXXX was modified. 10. Further Modification and Updates by Experian Date XXXX XXXX XX/XX/XXXX Report Number : XXXX Action : Experian purports to have an update regarding XXXX dispute ( Report Number XXXX ) XXXX. Acknowledgment from XXXX Date : XXXX XX/XX/XXXX Direct Dispute : CFPB XXXX Interim Response : XXXX acknowledges receipt of the direct dispute and indicates they are beginning their investigation, with an expected follow-up within 45 days. 12. Experian Dispute Results Dispute Filed : XXXX XX/XX/XXXX Modified By Experian XXXX XXXX XX/XX/XXXX, with Report Number XXXX Results ( Report Number XXXX ) : XXXX Collection account/tradeline not changed, stating company that reported the information has certified to Experian that the information is accurate. XXXX. XXXX Rsponds to Direct Dispute Direct Dispute : CFPB XXXX Response Date : XXXX XX/XX/XXXX Results : XXXX alleges maileed debt collection notice to good address provided to them by XXXX on or around XXXX XX/XX/XXXX, continuing to claim the address was a valid address to reach complainant because they received no returned mail from that address. While XXXX continued to purport the original alleged outstanding amount of {$740.00}, the document they provided to demonstrate the validity of the debt, a purported final bill from XXXX, indicated a discrepant amount of {$940.00}. Thus XXXX failed to validate the debt under the FDCPA, rendering their reporting of the account/tradeline under the FCRA inaccurate/misleading under 15 U.S.C. 1681s-2 14. Experian Acknowledges A XXXX Dispute Alleged Dispute Date : XXXX XX/XX/XXXX Indirect Dispute : Report Number XXXX XXXX. Complainant Files Demand for Immediate Removal With Experian Dispute Date : XXXX XX/XX/XXXX Filed as : CFPB XXXX and through Experian Dispute Portal Summary : Complainant alleged multiple procedural violations related to the reporting of the XXXX XXXX XXXX XXXX XXXX ) collection account. Despite ongoing disputes, both XXXX and Experian failed to correct inaccuracies in the credit report, specifically : 1. Failure to Provide Proper Notice : XXXX sent a collection notice to an outdated address, even though the Complainant vacated the property in XXXX, violating 12 C.F.R. pt. 1006. 2. Debt Validation Discrepancies : XXXX reported conflicting debt amounts of {$740.00}, while documentation showed {$940.00}, failing to meet validation requirements under the FDCPA. 3. Conflicting Dates of First Delinquency ( DoFD ) : XXXX reported inconsistent DoFDs across the major credit bureaus, violating FCRAs maximum possible accuracy standard under 15 U.S.C. 1681e ( b ). 4. Inadequate Reinvestigation by Experian : XXXX reinvestigation, which relied on automated processes, failed to resolve these issues despite multiple disputes filed by the Complainant. 5. Continued Reporting During Investigation : XXXX improperly continued reporting the account while the debt validation process was incomplete, violating legal requirements to cease collection activity. Complainant demanded immediate removal of the collection account from all credit reports maintained by Experian due to these ongoing violations. Documents : Provided eighty-three ( 83 ) pages of documentation showing XXXX  multiple failures both in alleged debt notification, discrepant DoFD for alleged debt, rsults of Experians prior purported reinvestigations, and the documentation included with those reinvestigations 16. Experian Acknowledges A XXXX Dispute Alleged Dispute Date : XXXX XX/XX/XXXX Report Number : XXXX XXXX. Complainant Files XXXX Complaint Date Filed : XXXX XX/XX/XXXX XXXX Number : XXXXA Primary Company : Experian Secondary Company : XXXX XXXX XXXX Summary : Complainant alleged multiple procedural violations related to the reporting of the XXXXXXXX XXXX XXXXXXXX ( XXXX XXXX collection account. Despite ongoing disputes, both XXXX and Experian failed to correct inaccuracies in the credit report, specifically : 1. Failure to Provide Proper Notice : XXXX sent a collection notice to an outdated address, even though the Complainant vacated the property in XXXX, violating 12 C.F.R. pt. 1006. 2. Debt Validation Discrepancies : XXXX reported conflicting debt amounts of {$740.00}, while documentation showed {$940.00}, failing to meet validation requirements under the FDCPA. 3. Conflicting Dates of First Delinquency ( DoFD ) : XXXX reported inconsistent DoFDs across the major credit bureaus, violating FCRAs maximum possible accuracy standard under 15 U.S.C. 1681e ( b ). 4. Inadequate Reinvestigation by Experian : Experians reinvestigation, which relied on automated processes, failed to resolve these issues despite multiple disputes filed by the Complainant. 5. Continued Reporting During Investigation : XXXX improperly continued reporting the account while the debt validation process was incomplete, violating legal requirements to cease collection activity. Complainant demanded immediate removal of the collection account from all credit reports maintained by Experian due to these ongoing violations. Documents Sent ( XXXX XX/XX/XXXX ) : Eighty-three ( 83 ) pages of documentation showing XXXX multiple failures both in alleged debt notification, discrepant DoFD for alleged debt, results of Experians prior purported reinvestigations, and the documentation included with those reinvestigations. Supplemental documentation regarding XXXX FDCPA and FCRA violations where XXXX was found to have ( CFPB XXXX XXXX ) ( fil [ XXXX ] false or misleading affidavits, provid [ ed ] false or misleading testimony, and fil [ ed ] debt collection lawsuits when [ they ] could not prove the debt was owed. ) ; specifically provided a copy of XXXX Stipulation Agreement for XXXX XXXX ( link ) and copy of XXXX -- XXXX consent order ( link ) 18. Experian Specialist Modifies A XXXX Dispute Date : XXXX XX/XX/XXXX Report Number : XXXX XXXX. Experian Drafts Response to XXXX Date : XXXX XX/XX/XXXX Purported XXXX  Number : XXXX Experian Refernce : XXXX Issues : XXXX. Timeline and Case Misclassification : Experians response to the XXXX dispute incorrectly referenced XXXX XXXX, which was previously linked to a XXXX XXXX account dispute XXXX The timeline reveals critical missteps : XX/XX/XXXX : Experian responded to XXXX XXXX regarding a XXXX XXXX account, using REF # : XXXX. XX/XX/XXXX : XXXX had not yet sent any collection notice or placed a collection account in XXXX files. By applying an incorrect XXXX case number to the XXXX dispute, Experian failed to distinguish between unrelated disputes, which is a fundamental violation of their responsibility to accurately investigate credit disputes. 2. Procedural Failures in Handling the XXXX Dispute : Experians incorrect application of an earlier MIAG case number to the XXXX dispute demonstrates systemic issues in their dispute handling process. The companys failure to distinguish between these two separate matters reflects a deeper failure to conduct a reasonable and independent investigation into the XXXXrelated inaccuracies. XXXX. Experian Updates XXXX Account/Tradeline Date : XXXX XX/XX/XXXX Report Number : XXXX XXXX. Experian Finishes Purported Reinvestigation Date XXXX XX/XX/XXXX Report Number : XXXX Outcome : Experian claims the information for the account/tradeline has been updated which may include an update to the disputed information [ that was the subject of Complainants dispute. Thus Experian tacitly acknowledging the information may not have been updated, indicating a lack of thorough reinvestigation and reliance on XXXX process by itself after receiving notification and documentation from complainant showing that XXXX had ceased any and all collection efforts. 22. No Further Investigation for XXXX Account By Experian Date XXXX XX/XX/XXXX Report Number : Status : Account no longer under ( re ) investigation by Experian XXXX. Experian Refuses to Accept Further Disputes or Review New Documentation Date : XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX Issue : Complainant attempted to file a new dispute for the XXXX XXXX XXXX ( XXXX ) account under the options " Payment Never Late '' and " Other Reasons. '' However, Experian blocked the new dispute filing, claiming it to be duplicative without reviewing any new documentation. Experian instructed Complainant to upload new documents, but given that the account was no longer under investigation, any new documentation would not be reviewed. This refusal to accept further disputes and consider new evidence constitutes a procedural failure under Section 611 of the FCRA, further violating Complainants right to a thorough reinvestigation. DEMAND In light of the numerous violations outlined and retaliatory measures taken, it is clear that Experian continues to report the XXXX XXXX XXXX ( XXXX ) collection account in the files and reports it maintains and disseminates regarding Complainant, with little regard for Complainants rights or its statutory responsibilities under the Fair Credit Reporting Act ( FCRA ). Despite Experian 's repeated claims that the item had not been previously disputed, records show that Complainant consistently and diligently disputed the accuracy of this account through multiple channels. Experian repeatedly failed to correct or remove information for the account/tradeline that it knew, or had reasonable cause to believe, was inaccurate. This information includes conflicting debt amounts, Dates of XXXX XXXX ( XXXX ), and the amount of the alleged debt. On or around XXXX XX/XX/XXXX, Complainant provided Experian with documentation demonstrating that XXXX  own validation process failed to successfully validate the alleged debt under the Fair Debt Collection Practices Act ( FDCPA ) [ 15 U.S.C. 1692g ], rendering the information both inaccurate and incomplete under 15 U.S.C. 1681e ( b ) because it failed to meet the required accuracy and completeness standard ( see XXXXXXXX XXXX XXXXXXXX, XXXX ). Experian had several opportunities to meet its investigatory responsibilities under the FCRA. Had Experian conducted a thorough reinvestigation that met the requirements of 15 U.S.C. 1681i ( see Chaitoff ), or performed even a cursory review of the documentation provided by Complainant and compared it with the information received from XXXX, Experian would have found the information furnished by XXXX to be, at best, misleading and, more likely, irreconcilable. Such a review would have required Experian to promptly remove the account/tradeline in order to ensure maximum possible accuracy in the files it maintains and disseminates regarding Complainant, in compliance with its obligations under 15 U.S.C. 1681e ( b ) and 15 U.S.C. 1681i. Experian 's refusal to accept further disputes or review new documentation after delivering results on XXXX XX/XX/XXXX ( Report XXXX ), coupled with its reliance on automated responses without substantive investigation throughout the process, demonstrates a willful disregard for Complainant 's rights under the FCRA XXXX These actions constitute willful non-compliance with Experians statutory obligations of accuracy and thorough reinvestigation, thereby significantly exacerbating the harm suffered by Complainant. The evidence strongly supports that Experians misconduct is not merely negligent but willful, exposing the company to enhanced liability under the FCRA.