Consumer complaint received 2024-09-11
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Investigation took more than 30 days
Company: Experian Information Solutions Inc. (IN)

**Subject : Final Complaint and Intent to Sue Against Experian for Multiple Violations of Federal Law** Dear CFPB, I am filing this formal complaint and providing notice of intent to sue against Experian for several violations under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, the Privacy Act of 1933, and federal regulations pertaining to consumer reporting agencies. I am also requesting the removal of the XXXX XXXX account from my credit report due to its improper reporting as income and transaction history. Both XXXX and XXXX have already removed this item after identifying similar violations, and Experians continued non-compliance demonstrates a systemic issue. 

# # # **1. Violations of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. ** Under FCRA, Experian is required to : - Investigate disputes within 30 days ( 45 days if additional information is provided ) ( 15 U.S.C. 1681i ( a ) ( 1 ) ).

- Provide consumers with both their **credit report** and **credit file**, as these are distinct records that include different information under the FCRA and federal regulations XXXX 

Experian has failed to : - Complete the dispute investigation of the XXXX XXXX account within the statutory period, which exceeds the legally allowed 60 days, and still has not responded. 
- Provide me with my complete credit file, which includes more detailed consumer information than what appears on my standard credit report. The failure to disclose this information violates 15 U.S.C. 1681g ( a ).

# # # **2. Failure to Remove Inaccurate Information ( XXXX XXXX Account ) ** The XXXX XXXX  account on my credit report has been reported as **income** and includes **transaction history**, which is prohibited by the FCRA. Credit reporting agencies are not allowed to report this kind of personal financial information as it does not reflect creditworthiness or credit risk, but instead constitutes sensitive income data ( 15 U.S.C. 1681b ( c ) ). 

Despite both XXXX and XXXX properly removing the XXXX XXXX account upon review of the same circumstances, Experian has failed to do so, in direct violation of its statutory obligations under the FCRA. By continuing to report this information, Experian has engaged in deceptive and unfair practices that affect my credit standing. 

# # # **3. Violations of the Privacy Act of 1933** The Privacy Act of 1933 safeguards personal information, including income, from being disclosed or used without authorization. XXXX inclusion of my income and transaction history on my credit report violates these protections and has directly affected my privacy and financial security. 

# # # **4. Organized Crime and Pattern of Corruption** Experians ongoing misconduct represents a pattern of fraudulent behavior that can be considered **organized crime**. Their refusal to comply with the FCRA, Privacy Act, and failure to properly disclose my credit file or investigate disputes in a timely manner, alongside their continued use of my credit report for unauthorized purposes, constitutes a scheme to profit from the mishandling of consumer data. This behavior mirrors a systemic problem within Experians corporate practices. 

I believe that Experians actions are not only in violation of my rights but also indicative of a broader pattern of exploitation of consumers who are unaware of the distinctions between credit reports and credit files. By withholding critical information and failing to conduct lawful investigations, Experian engages in a form of corruption that affects millions of consumers.

# # # **5. Demands** In light of these violations, I request the following : XXXX. **Immediate removal of the XXXX XXXX XXXX from my Experian credit report, as both XXXX and XXXX have already done.

2. A thorough **investigation by the CFPB** into Experians systematic violations of the FCRA and the Privacy Act, including its failure to provide consumers with accurate credit files. 
XXXX. **Compensation for damages** caused by Experians continued unlawful practices, which have affected my credit standing, financial reputation, and privacy. 

Please consider this letter as my formal complaint and notice of intent to sue should these violations not be addressed within 21 days from the date of this letter. If Experian continues to act in bad faith, I will seek additional remedies, including legal action under the FCRA, the Privacy Act, and other applicable federal laws. 

I look forward to your immediate attention to this matter and your help in resolving these serious issues. 



# # # **Key Legal Citations # # # 1. **Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681** : - ** 1681i ( a ) ( 1 ) ** : Requirement for prompt dispute investigation.

- ** 1681b ( c ) ** : Restriction on reporting personal financial information such as income and transaction history.

- ** 1681g ( a ) ** : Right to receive both the credit report and full credit file.

2. **Privacy Act of 1933** : Protects the unauthorized disclosure and use of sensitive personal information, such as income.