Consumer complaint received 2024-09-15
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. (SC)

I discovered numerous accounts on my credit reports with XXXX/Experian/XXXX  that I did not open. The accounts seem to have had payments made on them for several years before payments stopped. Nevertheless, I did not open the accounts. I sent the following letter XXXXExperian . 
XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX Subject : Follow-Up on Failure to Block Fraudulent Information & Notification of Additional Fraudulent Accounts ( FCRA Section 605B ) To Whom It May Concern, This is a follow-up regarding the failure to block the following fraudulent accounts on my credit report. I previously submitted a request in accordance with FCRA Section 605B, which mandates that you block the reporting of fraudulent information within four business days. Despite this legal requirement, the following accounts have not been blocked, and instead, you have initiated an investigation into these accounts via the data furnisher 's rather than taking the required actions under the FCRA : XXXX. XXXX Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$5700.00} XXXX. XXXX XXXX Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$9000.00} XXXX. XXXX XXXX Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$1700.00} XXXX. XXXX  Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$980.00} XXXX. XXXX  Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$8600.00} XXXX. XXXX XXXX XXXX  Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$25000.00} Furthermore, I have identified additional fraudulent accounts that require blocking : XXXX. XXXX Account Number : XXXX Amount : {$6600.00} Issue : Fraudulent account created as a result of identity theft. 
Today, I received an email from XXXX stating : " We are responding to your request that information in your personal credit report be blocked due to identity theft. Based on our review of your request and the information available to us, we have determined that either your request to block was made in error, or your request to block information was based on a material misrepresentation, or you knowingly obtained or should have known that you obtained possession of goods, services, or moneys as a result of one or more of the transactions that you are seeking to block. Therefore, we are declining your request to block one or more of the items of information. If you have additional relevant information that indicates that the disputed item ( s ) resulted from identity theft, please contact us again and provide this information. If you still believe the disputed item ( s ) is inaccurate, then we will add a statement of continued dispute to the credit report at your request. '' At no time have I consented to dispute the information in question. It has only been reported to you as being the result of identity theft, and you were asked to fulfill your statutory obligation to block the information in accordance with Section 605B of the FCRA. That request was sent to you on XX/XX/XXXX, which means you were legally obligated to block the information within four business daysby XX/XX/XXXX at the latest. 
When I spoke with an agent from XXXX yesterday, I was informed that XXXX has all the required documentation needed to block the information from my credit report in accordance with Section 605B. However, I also learned that XXXX does not handle requests made to block information resulting from identity theft in accordance with Section 605B. Instead, XXXX relies on the furnisher to do so, which is a clear violation of FCRA 605B ( a ) ( 15 U.S.C. 1681c-2 ). The law explicitly states : " Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. '' Thus, it is the consumer reporting agency 's responsibility to block the information, not the furnisher 's. Even if XXXX were to delegate this responsibility to the furnisher, XXXX would still be responsible for full compliance with the applicable law and liable for any non-compliance. 
In the present matter, the first time XXXX received notice from me, which fully complied with FCRA 605B ( a ), was on XX/XX/XXXX. Regardless of whether the CRA, the furnisher, or another third party was delegated the task of review and approval of the request by XXXX, XXXX was still legally obligated to ensure the task was completed within four business days, which would have been XX/XX/XXXX at the very latest. 
When a reinvestigation was initiated, it did not conform to the requirements of Section 605B, specifically Section 605B ( d ) 2, which states : " If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title. '' Section 1681 requires, among other things, that the notification from the Credit Reporting Agency of its decision to not block information the consumer has stated is the result of identity theft must include : " A notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher. '' Not only have none of your notices included this information, but your agents have also bluntly refused to comply with my requests for such information. Some have even hung up on me when I requested it, further demonstrating the lack of professionalism, accuracy, and accountability at XXXX. 
XXXX has been given multiple opportunities to address its mishandling of my requests but has declined to do so. As a result, I have suffered, and will continue to suffer, irreparable harm. The damage that XXXX is causing me will have a permanent adverse impact on my life. 
This is today 's follow-up to the accounts that still have not been blocked : XXXX. XXXX Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$5700.00} XXXX. XXXX XXXX Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$9000.00} XXXX. XXXX XXXX Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$1700.00} XXXX. XXXX  Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$980.00} XXXX. XXXX  Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$8600.00} XXXX. XXXX XXXX XXXX  Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$25000.00} XXXX. XXXX Account Number : XXXX Amount : {$6600.00} Issue : Fraudulent account created as a result of identity theft. 
Additionally, there is a collection account reported by XXXX  XXXX ( original creditor : XXXX XXXX ) for account number XXXX. This account is being double reported by all three credit reporting agencies. The block should include all accounts from XXXX XXXX. 
A follow-up complaint will be sent every day until you have taken steps to address this issue and I am no longer being harmed by your reckless disregard for State and Federal laws and the rights they afford me. 

The continued non-compliance with the FCRA by XXXX will be met with the full force of legal action to ensure my rights are upheld and the harm caused by your actions is rectified. If these fraudulent accounts are not blocked immediately, I will be filing complaints with the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), and other relevant regulatory and enforcement agencies. Legal action will follow, including potential arbitration through my attorney and claims for damages. 
Please confirm that these accounts have been blocked and provide an updated credit report reflecting these changes. 
Thank you for your immediate attention to this matter. 
Sincerely, XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX Subject : Demand to Block Fraudulent Information on Credit Report ( FCRA Section 605B ) To Whom It May Concern, I am writing to demand the immediate blocking of certain items that have been inaccurately reported on my credit report due to identity theft, pursuant to Section 605B of the Fair Credit Reporting Act ( 15 U.S.C. 1681c-2 ). 
This is not a request for a dispute or investigation of the listed accounts. You are required under FCRA Section 605B to block these fraudulent accounts within four business days of receiving my identity theft report. This includes the new account recently discovered : XXXX Account XXXX : XXXX Amount : {$6600.00} Issue : Fraudulent account created as a result of identity theft. 
Additionally, I have previously reported the following fraudulent accounts, which also require immediate blocking : XXXX Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$5700.00} XXXX XXXX Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$9000.00} XXXX XXXX Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$1700.00} XXXX  Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$980.00} XXXX  Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$8600.00} XXXX XXXX XXXX  Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$25000.00} There is also a collection account reported by XXXX XXXX ( original creditor : XXXX XXXX  ) for account number XXXX. This account needs to be blocked. Note that XXXX has incorrectly reported this account number as XXXX. Please ensure that all accounts from XXXX XXXX are blocked. 
Despite the existence of a payment history, which is a point of contention, these accounts are not mine. The existence of a payment history does not validate the fraudulent nature of these accounts, nor should it prevent the application of my rights under the FCRA. 
As mandated by FCRA Section 605B, you are required to block the reporting of this fraudulent information within four business days of receiving my identity theft report and promptly notify the furnisher ( s ) that it has been blocked due to my status as an identity theft victim. 
Even if you rely on data furnishers or third parties, you are still obligated to block the accounts within the statutory period and must provide additional information to me if you fail to do so. 
Enclosed with this letter, please find : The updated FTC Identity Theft Affidavit ( FTC Report Number : XXXX ) Any previous correspondence related to this matter Proof of my identity ( state ID, driver 's license, etc. ) Failure to comply with FCRA Section 605B will result in complaints being filed with the CFPB, FTC, and other relevant regulatory and enforcement agencies. I am also prepared to pursue arbitration and seek punitive damages and monetary compensation for your blatant violations of the FCRA. 
Please send me written confirmation that the information has been blocked and provide me with an updated credit report to my address listed above. 
I trust you will address this matter with the urgency it warrants. 
Sincerely, XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX Experian XXXX XXXX XXXX XXXX, TX XXXX Subject : Demand to Block Fraudulent Information on Credit Report ( FCRA Section 605B ) To Whom It May Concern, I am writing to demand the immediate blocking of certain items that have been inaccurately reported on my credit report due to identity theft, pursuant to Section 605B of the Fair Credit Reporting Act ( 15 U.S.C. 1681c-2 ). 
This is not a request for a dispute or investigation of the listed accounts. You are required under FCRA Section 605B to block these fraudulent accounts within four business days of receiving my identity theft report. This includes the new account recently discovered : XXXX Account XXXX : XXXX Amount : {$6600.00} Issue : Fraudulent account created as a result of identity theft. 
Additionally, I have previously reported the following fraudulent accounts, which also require immediate blocking : XXXX Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$5700.00} XXXX XXXX Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$9000.00} XXXX XXXX Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$1700.00} XXXX  Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$980.00} XXXX  Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$8600.00} XXXX XXXX XXXX  Account Number : XXXX Date Fraud Began : XX/XX/XXXX Date Discovered : XX/XX/XXXX Total Fraudulent Amount : {$25000.00} There is also a collection account reported by XXXX  XXXX ( original creditor : XXXX XXXX ) for account number XXXX. This account needs to be blocked. Note that XXXX has incorrectly reported this account number as XXXX. Please ensure that all accounts from XXXX XXXX are blocked. 
Despite the existence of a payment history, which is a point of contention, these accounts are not mine. The existence of a payment history does not validate the fraudulent nature of these accounts, nor should it prevent the application of my rights under the FCRA. 
As mandated by FCRA Section 605B, you are required to block the reporting of this fraudulent information within four business days of receiving my identity theft report and promptly notify the furnisher ( s ) that it has been blocked due to my status as an identity theft victim. 
Even if you rely on data furnishers or third parties, you are still obligated to block the accounts within the statutory period and must provide additional information to me if you fail to do so. 
Enclosed with this letter, please find : The updated FTC Identity Theft Affidavit ( FTC Report Number : XXXX ) Any previous correspondence related to this matter Proof of my identity ( state ID, driver 's license, etc. ) Failure to comply with FCRA Section 605B will result in complaints being filed with the CFPB, FTC, and other relevant regulatory and enforcement agencies. I am also prepared to pursue arbitration and seek punitive damages and monetary compensation for your blatant violations of the FCRA. 
Please send me written confirmation that the information has been blocked and provide me with an updated credit report to my address listed above. 
I trust you will address this matter with the urgency it warrants. 
Sincerely, XXXX XXXX XXXX