Consumer complaint received 2024-08-26
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. (LA)

THIS IS NOT A DUPLICATE On XX/XX/XXXX, I filed a complaint regarding XXXX XXXX XXXX ' ( XXXX ) handling of a collection account related to XXXX XXXX XXXX XXXX. The complaint specifically addressed the fact that the account in question had met the statute of limitations for collections under Louisiana law, which is 3 years for open accounts as per Louisiana Civil Code Article 3494. According to this statute, the limitations period begins from the date of the last payment made on the account. 

Key Facts : Account Information : The account pertains to XXXX XXXXXXXX XXXX XXXX which has been placed in collections with XXXX XXXX XXXX  XXXX 
Date of Last Payment : The last payment made on the account was on XX/XX/XXXX. 
XXXX XXXX 's Assertion : XXXX XXXX XXXX claimed the last delinquency date was XX/XX/XXXX, which is inaccurate. They have not provided complete payment history, despite requests dating back to XXXX, and again on XX/XX/XXXX. 
Credit Bureau Reporting : On XX/XX/XXXX, both Experian and XXXX reported that the dispute with XXXX XXXX XXXX was closed and that " customer disagrees. '' These remarks do not accurately reflect the current status of the dispute, as XXXX has informed me that they are still investigating the matter. Additionally, XXXX has not updated the account since XXXX, further reflecting inaccurate and outdated information on my credit report. 
Violations and Legal References : Statute of Limitations ( Louisiana Civil Code Article 3494 ) : The statute of limitations for open accounts in Louisiana is 3 years from the date of the last payment. The last payment on this account was made on XX/XX/XXXX, which means the statute of limitations expired as of XX/XX/XXXX. XXXX 's claim that the last delinquency date is XX/XX/XXXX, does not change the fact that the limitations period started on the date of the last payment, rendering any collection activities past the statute of limitations illegal. 

Fair Credit Reporting Act ( FCRA ) Violations : Section 611 ( 15 U.S.C. 1681i ) - Procedure in Case of Disputed Accuracy : XXXX XXXX XXXX has continued to report inaccurate information to the credit bureaus by stating an incorrect delinquency date. The FCRA mandates that credit reporting agencies must ensure the accuracy of the information they report. If information can not be verified or is inaccurate, it must be deleted from the consumer 's credit report. The inaccurate reporting of the delinquency date and failure to verify the payment history are clear violations of this provision. 
Section 605 ( a ) ( 15 U.S.C. 1681c ) - Requirements Relating to Information Contained in Consumer Reports : This section specifies the periods for which adverse information can be reported. The account in question should no longer be reportable due to its age and the expiration of the statute of limitations.

Section 611 ( a ) ( 1 ) ( A ) ( 15 U.S.C. 1681i ( a ) ( 1 ) ( A ) ) - Requirement for Reinvestigation : If a consumer disputes the accuracy of any information contained in their file, the credit bureau must conduct a reasonable investigation and delete or correct any inaccurate, incomplete, or unverifiable information within 30 days. 
In this case, Experian and XXXX inaccurately reported that the dispute was closed and that " customer disagrees, '' which violates FCRA requirements. 
Additionally, XXXX has failed to update the account since XXXX, which contributes to the continued harm caused by inaccurate and outdated information on my credit report. 
Fair Debt Collection Practices Act ( FDCPA ) Violations : Section 809 ( b ) ( 15 U.S.C. 1692g ( b ) ) - Validation of Debts : XXXX has failed to provide the required validation of the debt, including the full payment history since the original contract and the accurate date of the last payment. Under the FDCPA, XXXX is required to cease collection activities if they can not validate the debt, including removing the account from my credit report.