Consumer complaint received 2024-06-19
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. (FL)

Subject : Notice of Pending Litigation and Final Settlement Offer Dear XXXX XXXX, Experian, & XXXX Re : Inaccurate Reporting and Violation of Fair Credit Reporting Act XXXX XXXX  ( XXXX ) - ( XXXX ) XXXX This letter serves as a formal notice of pending litigation and a final settlement offer in relation to XXXX XXXX XXXX XXXX XXXX reporting of inaccurate and fraudulent late payments on my consumer report. Your failure to comply with the Fair Credit Reporting Act ( FCRA ) and Metro 2 standards has caused significant harm to my creditworthiness and personal finances. I urge you to take immediate corrective action to avoid further legal repercussions.

Statutory Violations and Legal Grounds I have identified multiple violations of the FCRA and other relevant statutes in your reporting practices. These include, but are not limited to : 15 U.S. Code 1681n ( Civil Liability for Willful Noncompliance ) : You have willfully failed to comply with the requirements imposed under this subchapter. This includes, but is not limited to, providing inaccurate information and failing to correct, reverse, or delete unverifiable information. 

Civil Liability : You are liable for any actual damages sustained by the consumer or damages of not less than {$100.00} and not more than {$1000.00}, punitive damages, and the costs of the action together with reasonable attorneys fees. 
15 U.S. Code 1681o ( Civil Liability for Negligent Noncompliance ) : Your negligent noncompliance with the FCRA provisions has caused substantial harm to my credit score and financial standing.

Civil Liability : Liability for actual damages sustained by the consumer as a result of your failure.

15 U.S. Code 1692k ( Civil Liability for Debt Collection Practices ) : Your actions constitute a breach of this statute, further compounding the legal violations in your reporting practices.

15 U.S. Code 1681s-2 ( Responsibilities of Furnishers of Information to Consumer Reporting Agencies ) : Duty to Provide Accurate Information : Reporting information with actual knowledge of errors. 
Duty to Correct and Update Information : Ensuring that all reported information is accurate, complete, and up-to-date. 
Specific Violations on My Consumer Report Upon inspecting the following account details, I have found several inaccuracies and non-compliances with Metro 2 standards : Past Due Amount ( XXXX ) : Exhibiting {$0.00}. Upon inspecting Past Due Amount ( XXXX ) exhibiting {$0.00}. I am writing to challenge the accuracy and compliance reports about this account. I believe there may be some issues with how it is being reported, which could affect future loans or decisions based on those wrong assumptions. Please provide proof that all proper procedures were followed so our records contain accurate information regarding myself! 

Upon inspecting 2 Year Payment History exhibitinXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The data you reported doesn't meet the requirements! It's not accurate because it deviates from what is required. As I know, you must always report all fields in compliance with Metro 2 standards and there can be no deviations from these rules so please correct this account right away being that I am already being financially impacted by this incomplete, unverified and inaccurate information. 

Upon inspecting Date Opened ( XXXX ) exhibiting XX/XX/XXXX. I believe we have some issues with accuracy and compliance regarding this account. I challenge you prove the accuracy of this account and reporting practices with proof from Metro 2 standards. If applicable compliance standards are not followed then my records may contain inaccurate information about myself which will affect future loans or decisions made based on those wrong assumptions. 
XXXX has already deleted this inaccurately reporting account because failure to reverse late payments. Experian XXXX XXXX will and must delete this account expeditiously if late payments are not reversed expeditiously. 

Account Details : Account Number : XXXX XXXX Account Description : Individual Account Status : XXXX Open Account Type : XXXX Installment Balance Owed : XXXX {$31000.00} Credit Limit : XXXX {$0.00} Creditor Remarks : XXXX XXXX Creditor Type : Auto Loan Date Opened : XXXX XX/XX/XXXX Date Reported : XX/XX/XXXX Date of Last Activity : XXXX XX/XX/XXXX High Balance : XXXX {$59000.00} Last Payment : XXXX XX/XX/XXXX Past Due Amount : XXXX {$0.00} Payment Amount : XXXX {$970.00} Payment Status : XXXX Current Term Length : XXXX XXXX These details were never verified to be accurate, complete, timely, and validated. You must provide documented proof of compliance reporting. 

Demands and Resolution In accordance with 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( a ) ( 5 ), I demand the immediate deletion of the aforementioned late payments from my credit report. Your failure to comply with these demands will result in legal action seeking relief and monetary compensation under sections 616 and 617 of the FCRA.

Additionally, as a data furnisher, you are required to comply with Metro 2 standards. Metro 2 is a standardized format developed by the XXXX XXXX XXXX XXXX ( XXXX ) to ensure the accuracy, completeness, and consistency of credit information. Failure to adhere to these standards not only violates the FCRA but also subjects you to regulatory penalties, legal actions, and significant reputational damage.

Legal and Regulatory Consequences Should you fail to comply with this final settlement offer, I will pursue litigation to enforce my rights under the FCRA. This includes seeking : Actual damages Statutory damages Punitive damages Attorneys fees and costs Furthermore, I will be filing a formal complaint with the Federal Trade Commission ( FTC ) and other regulatory bodies. A copy of this letter, along with the previously sent evidence of inaccurate items, will be included in the complaint. I will also document and publicly share any potential issues with your company through my social media channels, which have a substantial following. 

Notice of Intent to Litigate Please be advised that you have 30 days from the receipt of this certified letter to complete your investigation and respond. Failure to respond adequately and in a timely manner will result in small claims action seeking {$5000.00} per violation for : Defamation Negligent enablement of identity fraud Violation of the Fair Credit Reporting Act Financial injury Additional Statutory References 15 U.S. Code 1681a ( Definitions and Rules of Construction ) 15 U.S. Code 1681s-2 ( Responsibilities of Furnishers of Information to Consumer Reporting Agencies ) ( a ) ( 1 ) ( A ) : Reporting information with actual knowledge of errors 15 U.S. Code 1681a ( d ) ( Definitions and Rules of Construction ) ( 2 ) ( A ) ( i ) : Exclusions I trust that you will give this matter the immediate attention it deserves and take the necessary steps to rectify the inaccuracies in my consumer report. 

Respectfully, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX, XXXX, and XXXX XXXX XXXX XXXX XXXX Assistant Director of Enforcement, Consumer Financial Protection Bureau Attorney General Office XXXX XXXX XXXX XXXX State Senate Federal Deposit Insurance Corporation Securities Exchange Commission Comptroller of the Currency Federal Reserve System Federal Trade Commission XXXX  Regulatory Agency , Division of Consumer Complaints Please ensure that this letter, including all referenced statutes and specific demands, is incorporated into your official response and actions.