Consumer complaint received 2024-07-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc. (GA)

Re-Dispute of Accuracy in Credit Report for XXXX XXXX Co Account Number XXXX I am writing to formally re-dispute the accuracy of the information contained in my credit report concerning XXXX XXXX Co Account Number XXXX. Despite my previous attempts to address these inaccuracies, the issues remain unresolved. 

I have sent certified letters detailing and filed a previous complaint with the CFPB with my concerns about this account, but your company 's responses have either updated or validated the information without providing the necessary documentation to support these claims. I have requested that XXXX XXXX XXXX provide proof of the debt and documentation of the late payments reported that were received on XX/XX/XXXX, but they have failed to do so. 

Background and Dispute Details In my initial dispute ( Case ID # XXXX ), a letter revived from XXXX XXXX Co stated : dated XX/XX/XXXX " Dear Client ( s ) : You recently submitted a notice of dispute regarding the accuracy of information contained in your credit report and requested that we conduct an investigation. We are unable to investigate your submission for the reason ( s ) checked below : We have reason to believe that this dispute was submitted by, prepared on your behalf by, or submitted on a form provided by a credit repair organization. '' To be clear, this is not a legal reason for not providing proof of this debt. I requested proof of late payments reported by XXXX XXXX Co Account XXXX XXXX on my credit file. Despite my request, your company 's initial investigations concluded that the information was accurate. However, XXXX XXXX did not provide the required proof and instead cited an irrelevant reason to deny my rights to proof of the debt. 

The relevant provision in the United States Code that pertains to a creditor providing proof of debt is found in the Fair Debt Collection Practices Act ( FDCPA ). The specific section is 15 U.S.C. 1692g, which outlines the validation of debts.

15 U.S.C. 1692g - Validation of Debts Key Provisions : Notice of Debt ; Contents : 15 U.S.C. 1692g ( a ) : Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall send the consumer a written notice containing : The amount of the debt. 
The name of the creditor to whom the debt is owed.

A statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, the debt will be assumed to be valid by the debt collector. 
A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and mail it to the consumer. 
A statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

Disputed Debts : 15 U.S.C. 1692g ( b ) : If the consumer notifies the debt collector in writing within the thirty-day period that the debt is disputed, the debt collector shall cease collection of the debt until the debt collector obtains verification of the debt or a copy of a judgment and mails it to the consumer.

Violation of the Fair Credit Reporting Act ( FCRA ) Under the Fair Credit Reporting Act ( 15 U.S. Code 1681i ), both the credit reporting agencies and the furnishers of information are obligated to investigate disputed information. XXXX XX/XX/XXXX failure to provide evidence supporting the alleged late payments constitutes non-compliance with FCRA requirements. 

Documentation Enclosed To support my dispute, I have enclosed the following documents : A copy of the certified delivery proof confirming receipt of my original dispute letter by XXXX XXXX. 
A copy of the response letter from XXXX XXXX dated XX/XX/XXXX, indicating their refusal to investigate. 
A copy of my initial letter to XXXX XXXX requesting proof of late payments. 
Demand for Correction Considering the lack of evidence provided by XX/XX/XXXXI demand that [ Credit Reporting Agency ] correct my credit report to reflect the accurate status of my account. Specifically, I request the following corrections : Mark the account as " Paid as agreed '' Indicate the account as " Paid off '' Remove any reported 30, 60, or 90-day late payments Expectation of Timely Resolution I expect you to conduct a reasonable reinvestigation of this matter and correct my credit report accordingly. Please confirm in writing that the requested corrections have been made to my credit file. I anticipate a response within 15 days of the date of this letter. 

Additionally, if this injustice is not corrected, I want to exercise my rights under 15 U.S.C. 1681XXXX, which pertains to civil liability for willful noncompliance under the Fair Credit Reporting Act ( FCRA ). This statute provides the legal framework for individuals to seek damages when a person or entity willfully fails to comply with the requirements of the FCRA. 

Key Provisions of 15 U.S.C. 1681n : Willful Noncompliance : Any person who willfully fails to comply with any requirement imposed under the FCRA concerning any consumer is liable to that consumer. 
Damages : Actual Damages or Statutory Damages : The consumer may recover actual damages sustained or damages of not less than {$100.00} and not more than {$1000.00}.

Punitive Damages : The court may award punitive damages as it deems appropriate.

Attorney 's Fees and Costs : The consumer may also recover the costs of the action together with reasonable attorney 's fees as determined by the court. 
Attorney 's Fees in Case of Bad Faith : If the court finds that an unsuccessful pleading, motion, or other paper was filed in bad faith or for the purposes of harassment, the court shall award the prevailing party attorney 's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. 
I will also file a claim with the Attorney General, the BBB, and any other relevant agency, as your agency is known for giving people of XXXX and minorities a hard time correcting information on their credit reports. Relevant provisions : Equal Credit Opportunity Act ( ECOA ) - 15 U.S.C. 1691 1691. Scope of prohibition ( a ) Activities constituting discrimination : It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction : ( XXXX ) on the basis of race, XXXX, religion, national origin, XXXX, or marital status, or age ( provided the applicant has the capacity to contract ) ; ( XXXX ) because all or part of the applicants income derives from any public assistance program ; or ( XXXX ) because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.

1691e. Civil liability ( b ) Penalties and damages : Any creditor who fails to comply with any requirement imposed under this title shall be liable to the aggrieved applicant for actual damages sustained by such applicant, punitive damages, and equitable and declaratory relief. 
( c ) Attorney 's fees : In the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court, shall be added to any damages awarded by the court. 
Other Relevant Statutes Civil Rights Act of 1964 - Title VI - 42 U.S.C. XXXX Prohibits discrimination on the grounds of race, XXXX, or national origin under any program or activity receiving Federal financial assistance.