Consumer complaint received 2024-10-15
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information is missing that should be on the report
Company: Experian Information Solutions Inc. (NY)

Consumer Financial Protection Bureau ( CFPB ) Complaint Subject : Failure to Update Rent History with Experian - Reporting Delays, Technical Issues, and Arbitration Clause Description : I am submitting this complaint regarding an ongoing issue with Experian and XXXX. XXXX began the process of reporting my rent payment history to Experian in XX/XX/XXXX. However, despite their assurances and contractual obligations, my rent history has not been properly reported to Experian, which is negatively affecting my credit score and financial standing. 

XXXX  Terms of Service : XXXX, according to their terms of service, is responsible for ensuring timely and accurate reporting of rent payment history to credit bureaus like Experian. Despite completing the necessary processes on their end and submitting the first report to Experian on XX/XX/XXXX, the information has not yet been reflected in my Experian credit report due to technical issues on Experians side. 

Experians Obligations under the FCRA : Under 15 U.S.C. 1681e ( b ) of the Fair Credit Reporting Act ( FCRA ), Experian is required to maintain accurate and complete information. Furthermore, 15 U.S.C. 1681s-2 ( b ) requires that companies like XXXX and Experian correct inaccuracies and omissions promptly. The ongoing delay of several months in reporting this information constitutes a clear violation of these provisions. 

Experians Arbitration Clause : Experians terms of service also include a mandatory arbitration clause, which stipulates that any disputes between the consumer and Experian must be resolved through binding arbitration, rather than in court. While I am aware of this clause, I am pursuing this complaint through the CFPB to ensure that my credit report is promptly updated and that I receive appropriate compensation for the financial and emotional harm caused by these delays. I also reserve my right to challenge the enforceability of the arbitration clause, especially given the prolonged impact this issue has had on my financial health. 

Case Law References : XXXX XXXX Experian Information Solutions , IncXXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX XXXX ) : This case held that credit reporting agencies must take reasonable measures to ensure accuracy. The failure of Experian to reflect my rent payment history mirrors the negligence outlined in this case. 
XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) : This case underscores the importance of accurate credit reporting and the harm caused when that responsibility is neglected. 

Requested Compensation : 1. Statutory Damages : I request statutory damages of {$1000.00} per violation as allowed under 15 U.S.C. 1681n for willful violations of the FCRA. 
2. Actual Damages : Due to the financial impact caused by Experians failure to report my rent history, I request compensation for actual damages, including higher interest rates, credit denials, and financial losses. Based on XXXX v. Experian, I estimate these damages to be in the range of {$5000.00} to {$10000.00}. 
3. Emotional Distress : The extended delay and inaccurate reporting have caused significant emotional distress and reputational damage. Based on similar cases like XXXX v. XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ), I request {$10000.00} for emotional harm. 
XXXX. Punitive Damages : If it is proven that this delay and inaccuracy were willful, I request punitive damages as allowed under XXXX XXXX. XXXX ( a ) ( XXXX ). 

Total Compensation : I seek a total of {$25000.00} to {$50000.00} in compensation, including statutory, actual, emotional distress, and punitive damages, depending on the outcome of the investigation. 

I respectfully ask the CFPB to investigate this matter and hold Experian accountable for the delay, and to ensure that my rent payment history is updated promptly. I also request that the CFPB ensure Experian compensates me for the financial and emotional harm caused by this violation. 

Thank you for your time and consideration in addressing this issue.