Consumer complaint received 2024-09-16
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc. (VI)

I am filing this complaint because Experian has refused to remove a fraudulent account from my credit report, despite receiving confirmation from the creditor that the account is fraudulent and should be removed. Additionally, I am a victim of human trafficking and the XXXX XXXX XXXX XXXX, which has further exposed me to identity theft. Documentation verifying my status as a human trafficking survivor and my involvement in the XXXX XXXX XXXX XXXX is attached. 

In XX/XX/year>, I discovered an account on my Experian credit report that I did not authorize or recognize. The account was opened by XXXX XXXX, serviced by XXXX XXXX XXXX XXXX ( XXXX  ), under the account number [ Account Number ]. I immediately contacted the creditor and filed a formal dispute. 

After conducting a thorough investigation, the creditor, XXXX, confirmed in writing on XX/XX/year>, that the account was fraudulently opened without my knowledge or authorization. In their letter, they acknowledged that I am not responsible for the account and informed all major credit bureaus, including Experian, to remove this fraudulent account from my credit report. 

Despite receiving this confirmation, Experian is the only credit bureau that has refused to remove the fraudulent account. All other major credit bureaus ( XXXX and XXXX ) have removed the account from my credit report following the creditors confirmation. The continued presence of this fraudulent account on my Experian credit report is negatively impacting my credit score and violating my rights under federal law.

If Experian does not promptly rectify this issue by removing the fraudulent account, I will seek litigation against Experian in small claims court to enforce my rights under federal law.

Laws Violated : 1. Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681 : Under the FCRA, credit reporting agencies must ensure the accuracy of the information they report. Experian is in violation of this law by continuing to report a fraudulent account after being informed of its inaccuracy and receiving confirmation from the creditor. Section 611 ( 15 U.S.C. 1681i ) requires credit reporting agencies to promptly correct or delete inaccurate information within 30 days of receiving a dispute. Experian has failed to fulfill this obligation.

2. Fair and Accurate Credit Transactions Act ( FACTA ) - 15 U.S.C. 1681c-2 : FACTA provides protections for victims of identity theft, including the ability to request a block on fraudulent information. As a victim of human trafficking and the XXXX XXXX XXXX XXXX, I have requested that Experian XXXX this fraudulent account from my credit report, in accordance with 15 U.S.C. 1681c-2. Experians refusal to remove or block the fraudulent account violates this provision.

3. Consumer Financial Protection Act ( CFPA ) - 12 U.S.C. 5531 & 5536 : Experians refusal to remove this fraudulent account and their failure to conduct a reasonable investigation into my disputes constitutes an unfair and deceptive practice, in violation of the CFPA. The continued presence of this fraudulent account has caused harm by damaging my credit score, which impacts my financial stability.

4. Human Trafficking Survivor Protections - 15 U.S.C. 1681c-3 : As a victim of human trafficking, I am entitled to additional protections under the FCRA, including the right to have adverse information related to trafficking removed from my credit report. Experians refusal to remove this fraudulent account after being informed of my trafficking survivor status violates this law. Documentation supporting my status as a trafficking survivor has been provided.