Consumer complaint received 2024-07-02
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc. ()

Subject : Complaint Regarding Inaccurate Late Payment Reported by Credit Bureau Dear CFPB, I am writing to formally file a complaint against XXXX, Experian and XXXX regarding an inaccurate late payment reported on my account XXXX XXXX XXXX XXXX XXXX. Despite my efforts to resolve this issue directly with the credit bureau, the matter remains unresolved and continues to negatively impact my credit score and financial health. 

Background I sent a dispute letter to XXXX, Experian and XXXX, challenging the late payment notation on my credit report for the above-mentioned account. I provided evidence that the payment was made on time and emphasized the inaccuracy of the report. Despite this, the erroneous late payment notation has not been corrected. 

Legal Basis for Dispute The inaccurate reporting of the late payment violates both the Fair Credit Billing Act ( FCBA ) and the Fair Credit Reporting Act ( FCRA ). Specifically : Fair Credit Billing Act ( FCBA ) : Under 15 U.S.C. 1666, I am entitled to dispute billing errors, including inaccurate late payment notations. Creditors are required to investigate and resolve such disputes promptly.

Fair Credit Reporting Act ( FCRA ) : Under 15 U.S.C. 1681s-2 ( a ) ( 1 ), furnishers of information to credit reporting agencies must provide accurate information. Reporting a late payment that was made on time constitutes a violation of this obligation. Additionally, 15 U.S.C. 1681e ( b ) mandates that credit reporting agencies ensure the maximum possible accuracy of the information they report.

Consequences of Noncompliance Failure to correct this error can result in significant legal consequences, including : Civil Liability for Willful Noncompliance : Under 15 U.S.C. 1681n, entities that willfully fail to comply with any requirement imposed under the FCRA can be held liable for actual damages, statutory damages ranging from {$100.00} to {$1000.00}, punitive damages, and attorneys fees. 

Civil Liability for Negligent Noncompliance : Under 15 U.S.C. 1681o, entities that negligently fail to comply with any requirement imposed under the FCRA can be held liable for actual damages and attorneys fees. 

Request for CFPB Intervention Given the lack of resolution from XXXX, Experian and XXXX, I respectfully request that the CFPB : 1. Investigate this matter to ensure that my dispute is handled in accordance with the FCBA and FCRA requirements.

2. Require [ Credit Bureau Name ] to correct the inaccurate information on my account and provide written confirmation that the late payment notation has been removed from my credit report. 

XXXX. Ensure that all three major credit bureaus ( Experian, XXXX, and XXXX ) are notified of this correction. 

Supporting Documentation I have attached copies of my correspondence with XXXX, Experian and XXXX, evidence of the timely payment, and a copy of my credit report showing the inaccurate late payment notation. 

Conclusion I trust that the CFPB will handle this matter with the urgency it deserves. The continued inaccuracy on my credit report is causing significant harm to my financial standing, and I am seeking your assistance to rectify this situation promptly. 

Thank you for your attention to this matter. I look forward to your positive response.