Consumer complaint received 2024-09-08
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. (GA)

Experian Subject : Notice of Dispute for Failure to Investigate and Breach of Performance FINAL NOTICE I am writing to formally notify Experian of several violations of my rights under the Fair Credit Reporting Act ( FCRA ) in connection with a dispute I previously filed and the failure of your company to properly address and investigate the matter. 

On or about XX/XX/year>, I sent Experian an Affidavit of Truth, outlining my demands concerning the inaccurate information present in my credit report. Not only did Experian fail to meet the demands of this Affidavit, but I did not receive a proper response to the dispute within the required timeframe. This lack of response constitutes a **breach of performance** on your part, as well as a violation of my rights under the FCRA. 

**FCRA Violations : ** 1. **Failure to Conduct a Reasonable Investigation : ** Experian has failed to conduct a reasonable investigation as required under 15 U.S.C. 1681i ( a ) ( 1 ). Despite the submission of my Affidavit of Truth, you have not properly investigated or responded to my dispute.

2. **Failure to Provide Verification Information : ** Under 15 U.S.C. 1681i ( a ) ( 6 ) ( B ) ( iii ), Experian is required to provide the name and contact information of the person or entity that allegedly verified the disputed information. I have not received any such information, which further demonstrates a failure to comply with the FCRA.

3. **Reporting of Inaccurate Information : ** The data in question, provided by a third-party data furnisher, continues to be reported inaccurately, in violation of 15 U.S.C. 1681e ( b ). This data furnisher is a third party, and third-party information is by definition " hearsay '' unless verified by proper sources.

The " data furnisher '' is an **interloper**, a party not authorized to be involved in my personal credit matters. As defined, an interloper is someone who becomes involved in a place or situation where they are neither wanted nor belong. The data furnisher has no lawful standing to report any information on my credit report, as there is no contract or agreement with my signature authorizing such reporting. Furthermore, there is **no court order** permitting this information to be included in my report, and I have not authorized any release of my personal information in writing. 

In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, the U.S. Court of Appeals for the Ninth Circuit addressed key issues related to the Fair Credit Reporting Act ( FCRA ). The case dealt with the responsibility of a data furnisher ( XXXX XXXXXXXX XXXX XXXXXXXX ) to correct inaccurate credit information after being notified of a dispute by a credit reporting agency ( CRA ).

Experians failure to comply with these obligations under the FCRA is unacceptable. I demand that the inaccurate information in question be immediately extracted from my credit report. I also request that you provide the name and contact details of the person who allegedly verified the disputed information. 

Failure to respond and act in accordance with your obligations under the FCRA will leave me no choice but to pursue all available legal remedies to enforce my rights. 

This notice is supported by recent legal actions against Experian, such as the class action lawsuit settled for {$22.00} XXXX ( XXXX XXXX. XXXX, U.S. District Court for the Central District of California ) , where Experian was found to have violated FCRA by continuing to report inaccurate information despite consumer disputes. 

Thank you for your prompt attention to this matter. I expect a response within the legally mandated timeframe.