Consumer complaint received 2024-08-29
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. (LA)

THIS IS NOT A DUPLICATE On XX/XX/XXXX, I submitted a complaint to the Consumer Financial Protection Bureau ( CFPB ) regarding a collection account with XXXX XXXX XXXX related to XXXX XXXX XXXX XXXX. The complaint specifically addressed the fact that the account had met the statute of limitations for collections under Louisiana law, which is 3 years for open accounts as per Louisiana Civil Code Article 3494.

Key Facts : Date of Last Payment : The last payment made on the account was on XX/XX/XXXX, which means the statute of limitations expired as of XX/XX/XXXX. 
Credit Bureau Reporting : On XX/XX/XXXX, both Experian and XXXX inaccurately reported that the dispute with XXXX XXXX XXXX was closed and that " customer disagrees. '' Additionally, XXXX has failed to update the account since XXXX, further reflecting inaccurate and outdated information on my credit report.

Subsequent Developments : It has now been 30 days since I submitted my complaint to the CFPB regarding this account. I have received no communication by mail regarding the status of my complaint or any updates on the investigation. Additionally, I received a generic statement from Experian, which essentially stated that it is my responsibility to follow up with the creditor, XXXX XXXX XXXX. This response indicates that Experian did not verify the accuracy of the account as required by law. 

Furthermore, I have only received a response from Experian. XXXX and XXXX have not responded at all. I attempted to contact XXXX by phone and remained on hold for an hour, but was unable to reach a representative. It has been a hassle trying to get accurate results from these bureaus, and the lack of response has caused significant inconvenience and stress. Additionally, the letter emailed from Experian contained an inaccurate spelling of my first name, further proving that they do not take the documents I submitted as proof seriously, nor are they taking the complaint seriously.

Legal Violations : Fair Credit Reporting Act ( FCRA ) Violations : Section 611 ( 15 U.S.C. 1681i ) - Procedure in Case of Disputed Accuracy : Experians failure to verify the accuracy of the account or conduct a reasonable investigation within the required timeframe constitutes a violation of the FCRA. This section mandates that if a consumer disputes the accuracy of any information, the credit reporting agency must conduct a reasonable investigation and delete or correct any inaccurate, incomplete, or unverifiable information within 30 days.

Section 611 ( a ) ( 1 ) ( A ) ( 15 U.S.C. 1681i ( a ) ( 1 ) ( A ) ) - Requirement for Reinvestigation : Experian 's statement that it is my responsibility to follow up with the creditor directly contradicts their legal obligation to investigate and verify the disputed information. Since they have admitted they did not verify the accuracy of the account, this failure requires the account 's deletion.

Section 605 ( a ) ( 15 U.S.C. 1681c ) - Requirements Relating to Information Contained in Consumer Reports : This section requires credit bureaus to report only accurate information. The continued presence of this collection account, despite its inaccuracy and the expiration of the statute of limitations, is a violation of this provision. 
XXXX and XXXXXXXX XXXX Lack of Response : The complete lack of response from XXXX and XXXX further constitutes a failure to comply with the FCRAs requirements for timely and accurate investigation and reporting of disputed information. 
Fair Debt Collection Practices Act ( FDCPA ) Violations : Section 809 ( b ) ( 15 U.S.C. 1692g ( b ) ) - Validation of Debts : XXXX XXXX XXXX has failed to provide the required validation of the debt, including the full payment history since the original contract and the accurate date of the last payment. This failure to validate the debt requires the cessation of all collection activities, including reporting the account to credit bureaus.