Consumer complaint received 2024-04-16
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. (FL)

Subject : Comprehensive Request for CFPB Enforcement Action Regarding Persistent Non-Compliance by Credit Reporting Agencies with FTC Identity Theft Report Requirements Dear Consumer Financial Protection Bureau, I am writing to you today to urgently address the continuous neglect by the major credit reporting agenciesExperian, XXXX, and XXXXregarding their legal duties to respond appropriately to my FTC Identity Theft Reports. Despite meticulous compliance with the FTC 's mandated procedures, the responses from these agencies remain grossly inadequate, raising significant concerns about their adherence to federal laws designed to protect consumers. 
Legal Framework and Agency Non-Compliance : The neglect by these agencies not only contravenes the Fair Credit Reporting Act ( FCRA ), which mandates the accuracy and confidentiality of credit reporting data but also violates provisions under the Identity Theft and Assumption Deterrence Act, overseen by the FTC, which requires immediate corrective action upon receipt of a valid identity theft report. Further compounding these violations, 18 U.S. Code 1028A imposes severe penalties for aggravated identity theft involving the unlawful use of identification related to various frauds and abuses.

Moreover, under the Federal Rules of Evidence, specifically Rule 803 ( 6 ) regarding records of a regularly conducted activity ( an exception to the hearsay rule ), the documentation I have submitted via my FTC reports should be considered exceptionally reliable and necessitate prompt action by the credit bureaus. This rule underscores the importance of accuracy and timeliness in maintaining records, which in the context of credit reporting, translates directly to the swift rectification of any fraudulent entries once verified.

Detailed Account of Agency Failures : Despite filing detailed and documented complaints under the guidance provided by IdentityTheft.gov, which necessitated splitting my reports due to the limitation of only five entities per report, the credit reporting agencies have failed to take adequate corrective actions. This negligence has not only perpetuated inaccuracies on my credit reports but has also left me vulnerable to ongoing financial and personal disruptions.

Actions Taken in Good Faith : I have proactively addressed the discovered discrepancies by filing comprehensive FTC Identity Theft Reports to the best of my ability. It is important to note that as these accounts were fraudulently opened in my name, I am unable to provide complete account numbers or detailed transaction records. My submissions are therefore based on the limited information available to me, which primarily includes basic identification and account details flagged as suspicious or unfamiliar.

Request for Comprehensive Action : In light of the above, I request the CFPB to : 1. Conduct a full investigation into the repeated failures of Experian, XXXX, and XXXX to adhere to federal identity theft laws. 
2. Enforce stringent compliance with the FCRA, including mandating immediate correction of all inaccuracies identified in my FTC reports across all agencies.

3. Require these agencies to adopt enhanced security measures and revise their consumer notification procedures, ensuring more robust protections against future breaches.

Conclusion : The continued impact of identity theft on my life has been profoundly distressing and damaging. I implore the CFPB to take swift and decisive action to address these failures and restore my confidence in our financial system 's integrity and security.

Thank you for your attention to this critical matter. I am relying on your agency 's commitment to uphold consumer protection laws and look forward to seeing effective enforcement actions taken in response to these violations.