Consumer complaint received 2024-07-14
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. (NY)

I am writing to dispute the late payment status furnished by Your company. As you are aware, I have previously disputed this account and requested proof of proper MAILED DISCLOSURE pursuant to 15 U.S.C 1666b. I have given adequate notice of multiple FCRA violations, yet the law has been negligently disregarded. 

The account still in violation is XXXX XXXX XXXX, XXXX Account Number : XXXX Furthermore, I assert that your company failed to comply with 15 U.S.C. 1666b, which requires card issuers to provide disclosures 21 days before the due date. Without this disclosure, you can not lawfully furnish a late payment to my consumer report. Since there are multiple furnishings of late payments, I should have received the same amount of mailed disclosures, 21 days prior to each late payment, pursuant to 1666b. Your companys attempts to justify furnishing late payments on my consumer report are unacceptable and completely illegal.

I never received the required disclosure by mail, your company has violated the FCRA and can not justify the late payment status. The FCRA TAKES PRECEDENCE OVER ANY AGREEMENT. Any agreement or contract between us does not supersede the provisions of the Fair Credit Reporting Act ( FCRA ). The FCRA takes precedence over any contractual provisions and dictates that you, as a furnisher of information, have a legal obligation to comply with the FCRA 's requirements. Your failure to provide the required disclosures and proof of mailing constitutes a violation of the FCRA. I am demanding that you : 1. Remove the late payment status from my credit report.

2. Update the account status to " Paid As Agreed ''.

3. Provide proof of your company 's compliance with 15 U.S.C. 1666b.

4. I am demanding the description of the investigation from all credit reporting agencies who've contributed to the furnishing of this account. Credit reporting Agencies are required by law to provide a description of the investigation clearly stating all details pursuant to 15 U.S.C 1681i.

Failure to provide this proof confirms your violation of the FCRA. I will pursue all available remedies, including arbitration, to defend my FCRA rights if you continue to disregard congressional procedure. Please be advised that any legal fees, costs, and damages incurred will be sought in accordance with 15 U.S.C. 1681n and 1681o, which hold you liable for such expenses. I expect compliance with this demand within 14 days.

I demand that the late payments be deleted from my consumer report, as they have failed to follow legal procedures.

15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

15 U.S. Code 1681o - Civil liability for negligent noncompliance ( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

( b ) Attorneys fees On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.