Consumer complaint received 2024-06-27
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. (GA)

The account in regards to XXXX  that is being reported on my consumer report is directly related to identity theft. I have notified EXPERIAN on multipld occasions regarding this matter i recently submitted a CfPB complaint to get this account removed. After submitting my complaint I received a response from XXXX. In that response a agent for XXXX stated that they did an investigation into the matter and they also believe the account is fraudulent. They also stated in that same response notice that they will stop reporting amd notify all XXXX credit bureas to remove the account. However EXPERIAN then responded to my complaint pf the account stating the furnisher of information verified the account as accurate. This would mean that EXPERIAN is making false claims and not following reasonable procedures. How can it be accurate and when XXXX told me it wasnt accurate it was fraudulent. EXPERIAN is knowingly reporting XXXX account that is fraudulent to my consumer report. EXPERIAN is now participating in the fraud. XXXX XXXX Code XXXX ( A ) ( XXXX ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. EXPERIAN have reasonable cause to believe the information is inaccurate due to the fact that I the consumer have notified them that this account is related to identity theft. I have also filed an identity theft report and have notified CFPB and FTC of this situation. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 
As you can see there is a need to protect the consumers right to privacy. 

Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 

As you can see it is XXXX of EXPERIAN to maintain reasonable procedures which protects the accuracy of my consumer report and proper utilization of my consumer reports. They are not maintaining these procedures due to the fact they claim the furnisher verified the account as accurate while the furnisher contacted me directly and stated it was not accurate. 

Being that as I stated earlier in this complaint this account is DIRECTLY related with Identity Theft. According to 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent could be considered Identity theft.

15 U.S. Code 1681c2 - Block of information resulting from identity theft 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 XXXX business days after the date of receipt by such agency This law just stated that anything I the consumer identify as identity theft MUST be removed from my consumer report no later than 4 DAYS. I expect this account to be removed no later than 4 days from the receipt of this complaint if not then that would be another violation added to the long list of many violations involving the reporting of this account. ( XXXX ) appropriate proof of the identity of the consumer ; ( XXXX ) a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer; and ( XXXX ) a statement by the consumer that the information is not information relating to any transaction by the consumer. This clearly states that once I have notified the consumer reporting agencies which are EXPERIAN, XXXX, and XXXX that this account is Identity Theft that the account MUST be removed from my consumer report within 4 DAYS of the receipt of this notice. I will provide pictures of my ID along with a picture of my SOCIAL SECURITY CARD as proof that I am the consumer to whom this Consumer report relates. Along with the Identity Theft Report. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 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 ( 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 ; If I can prove they wilfully violated the act I am entitled to at least XXXX $ per violation plus any other damages I have sustained as a result of their failure to follow the law. If I have to file more than XXXX complaint, wilful noncompliance can easily be proven as they had a full understanding of the violations after I complained the XXXX time. Which I complained about this account more than 3 times now. Every company in their agreements with consumers said they would follow the law and agreed to do so.They are aware that they are breaking the law. XXXX XXXX XXXX XXXX - XXXX liability for negligent noncompliance 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 ( XXXX ) any actual damages sustained by the consumer as a result of the failure Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures. Furthermore XXXX XXXX Code XXXX - Responsibilities of furnishers of information to consumer reporting agencies ( XXXX ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 

EXPERIAN has cause to believe the account is inaccurate because i the consumer as well as the furnisher of information SELF have stated that the account i fraudulent. I have attached all supporting documents and evidence with this complaint. I will reiterate that the account in regards to SELF that is being reported on my consumer report is NOT MINES IT IS FRAUD. FURTHERMORE i also am asking EXPERIAN to not lie to consumers regarding disputes as they did in this situation and that they follow protocol and handle this matter and others with honesty and respect to the consumers whos information and data they are responsible for let this be a learning moment for all the dispute team at EXPERIAN so that they can better serve consumers.