Consumer complaint received 2024-07-06
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc. (GA)

Im writing to formally re-dispute the accuracy of the information contained in my consumer credit report concerning the following account : XXXX XXXX XXXX  Original creditor : XXXX XXXX XXXX XXXX  Account number : XXXX Despite my previous attempts to address these inaccuracies, the issues remain unresolved. I have sent multiple certified letters to XXXX XXXX XXXX ( USPS Certified Tracking # XXXX XXXX XXXX XXXX XXXX XXXX ) detailing my concerns and requesting proof of debt validation. XXXX XXXX XXXX or the original creditor, XXXX XXXX XXXX XXXX, has not provided evidence of debt validation as required by law. 

I have also filed previous disputes and complaints with the Consumer Financial Protection Bureau ( CFPB ) : Complaint ID XXXX against Experian Information Solutions Inc. ( Filed on XX/XX/XXXX ). As of XX/XX/XXXX, this complaint is still open. However, Experian Information Solutions Inc. has closed their dispute with the comment : " Account information disputed by the consumer ( Meets the requirement of the Fair Credit Reporting Act ) ''. 

Complaint ID XXXX against XXXX XXXX XXXX XXXX Submitted to the CFPB on XX/XX/XXXX ). The company responded on XX/XX/XXXX with a response type of " Closed with non-monetary relief, '' stating that the account was verified as reported. 

Despite these actions, neither Experian Information Solutions Inc., XXXX XXXX XXXX, nor XXXX XXXX XXXX has provided the necessary documentation to support their claims. I have requested that they provide proof of the debt, documentation supporting the legitimacy and accuracy of the reported debt, and details on the procedures and steps taken to verify and update this account on my consumer credit report. 

Background and Dispute Details It is illegal not to provide proof of debt. Despite my multiple requests, XXXX XXXX XXXX Experian Information Solutions Inc., and XXXX XXXX XXXX have failed to provide the required proof, violating my rights to the validation of the debt. 

Relevant Legal Provisions The Fair Debt Collection Practices Act ( FDCPA ) outlines the validation of debts under 15 U.S.C. 1692g.

15 U.S.C. 1692g - Validation of Debts 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 days 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 thirty days, 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 thirty days 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. The failure of Experian Information Solutions Inc., XXXX XXXX XXXX, or XXXX XXXX XXXX XXXXo provide evidence supporting the alleged debt 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 to XXXX XXXX XXXX 
A copy of my initial letters was sent to XXXX XXXX XXXX requesting debt validation. 
Demand for Correction Considering the lack of evidence provided by XXXX XXXX XXXX XXXX XXXX XXXX, and Experian XXXXnformation Solutions IncXXXX, I demand that these tradelines be deleted from my consumer credit report to reflect the accurate status of my account. Specifically, I request the following corrections : 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 complaint.

Rights Under 15 U.S.C. 1681n If this injustice is not corrected, I will exercise my rights under 15 U.S.C. 1681n, 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 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.

Claim with Relevant Agencies I will also file a claim with the Attorney General, the XXXX, and any other relevant agency, as these companies have had claims filed before for violating the rights of people of color and minorities by not correcting proven 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 : ( 1 ) on the basis of race, color, religion, national origin, sex, marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( 3 ) 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. 
Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d Prohibits discrimination on the grounds of race, color, or national origin under any program or activity receiving federal financial assistance.