Consumer complaint received 2024-05-19
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. (CA)

In accordance with the Fair Credit Reporting Act. The list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. BOTH OF THESE LETTERS WERE SENT VIA CERTIFIED MAIL TO ALL CRA 'S AND THE CREDITORS THEMSELVES. 

ACCOUNT NUMBER/LOAN NUMBER XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ACOUNT NUMBER/ACCOUNT # XXXX XXXX XXXX XXXX XXXX XXXX/ ACCOUNT XXXX XXXX RE : XXXX # XXXX Once I reviewed my Experian, XXXX, and XXXX it came to my attention that they had reported 2 late payments ; I then went forward and sent the following letter to all CRA 's and the creditor ( XXXX via Certified mail ) and no response was given. 
Formal Demand for Immediate Rectification of Credit Reporting and Servicing Error As a result of gross mismanagement and failure to comply with legal obligations in the servicing of my mortgage, which has caused substantial harm to my creditworthiness and financial stability, I am compelled to issue this formal demand for immediate corrective action. 
1. Detailed Chronology of Events and Corresponding Mismanagement : - Initial Contact and Failure to Correct : - On XX/XX/XXXX, I discovered and reported erroneous late payment entries on mycredit report. I spoke with XXXX XXXX, who acknowledged the error and promised swift correction. No correction was made, and this failure violates the Fair Credit Reporting Act ( FCRA ), specifically under 15 U.S.C. 1681s-2 ( b ). 
- Subsequent Communications and Continued Failures : - Persistent issues prompted further communications : - XX/XX/XXXX : Spoke with XXXX XXXX , who again confirmed the errors would be corrected. No action followed. 
- XX/XX/XXXX : XXXX XXXX assured me all corrections were processed. Despite these assurances, the errors persisted on my credit reports. 
- These incidents collectively constitute deceptive practices under the Consumer FinancialProtection Act ( CFPA ) under 12 U.S.C. 5536. 
- Misleading Electronic Communications : - Throughout this period, I received multiple text messages and emails from your services confirming timely receipt of payments. The contradictory nature of these communications, followed by inaccurate credit reporting, has compounded the deceptive nature of your practices. 
XXXX. Legal Implications and Demand for Immediate Action : - Immediate Removal of Incorrect Credit Entries : - I demand the immediate removal of all inaccurately reported late payments from my credit reports with Experian, XXXX, and XXXX. This action must be completed without delay to prevent further damage to my financial reputation and rectify the negligent mishandling of my account. 
- Vicarious Liability and Employee Misconduct : - Under the legal doctrine of respondeat superior, XXXX  is vicariously liable for the negligent and misleading actions of its employees. This includes incorrect payment processing and false assurances of error correction, leading directly to my financial harm. 
XXXX. Documentation and Further Accountability : - Provision of Detailed Correction Documentation : - I require a written statement detailing the corrections made to my account, accompanied by confirmation from each credit bureau that the inaccuracies have been rectified. 

XXXX. Consequences of Non-Compliance : - Legal Actions and Damages : - Should these issues not be resolved within 15 days from the date of this letter, I am fully prepared to initiate legal proceedings. I will seek statutory damages under the FCRA, actual and punitive damages for deceptive practices under the CFPA, and any other compensatory damages as justified by the mishandling of my account. 
- Legal Precedent : - The legal basis for these actions is well-supported by precedents such as XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) * and XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX  XXXX ) *, which highlight the responsibilities of creditors and servicers to maintain accurate reporting and proper servicing practices. 

This letter serves as an unequivocal demand for immediate corrective action to address the egregious servicing errors and negligence that have inflicted significant harm upon me. A prompt and comprehensive response is expected, outlining the corrective measures that will be taken immediately. 
Sincerely, XXXX XXXX XXXX ACCOUNT # XXXX Once I reviewed my Experian, XXXX, and XXXX it came to my attention that they had reported SEVERAL LATE PAYMENTS. 

XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Subject : Urgent Legal Demand for Deletion of All Incorrect Late Payments Dear XXXX XXXX XXXX  XXXX , I am writing to formally demand the immediate deletion of all incorrect late payments reported on my personal credit report. My thorough investigation has revealed that these payments, reported as late by up to 180 days, were not late but were mishandled due to an incorrect routing account number entered into your system.

Background : 1. Despite multiple assurances from your representatives, including a conversation with XXXX on XX/XX/XXXX, no corrective action has been taken. XXXX indicated that a private banker would need to file an internal report from their end. This, however, was to no avail. 
2. The payments in question pertain to a business credit card that was incorrectly reported under my personal credit account instead of the intended LLC account, causing significant and unjust damage to my personal credit score.

3. I have been subjected to misleading and conflicting information from your representatives, exacerbating the situation during a period when I was recovering from XXXX 

Legal Grounds : 1. Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 : This federal law mandates that information provided to credit reporting agencies must be accurate and complete. The continued reporting of these incorrect late payments constitutes a clear violation of this statute. 
2. Consumer Financial Protection Bureau ( CFPB ) Regulations : According to 12 CFR 1022.42, furnishers of information to consumer reporting agencies are required to ensure the accuracy and integrity of the information provided. Your failure to correct these inaccuracies despite being notified is a breach of these regulations.

3. Case Law Precedents : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : This case established that credit reporting agencies and furnishers have a duty to conduct a reasonable investigation when a consumer disputes the accuracy of information. 
XXXXXXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXXr. XXXX ) : This case reinforced the requirement for accurate reporting and the necessity of correcting erroneous information promptly. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ) : This case highlighted the liability of furnishers under the FCRA for failing to conduct a reasonable investigation into disputed information. 

Demands : 1. Immediate Deletion of All Incorrect Late Payments : Remove every single late payment entry, reported up to 180 days late, from my personal credit report with all credit reporting agencies. These entries must be permanently deleted.

2. Written Confirmation : Provide written confirmation of the deletion of these entries and an updated copy of my credit report reflecting these changes.

3. Corrective Measures : Ensure that the business credit card is correctly reported under the appropriate LLC account and not my personal credit account.

Failure to comply with this demand within 30 days will leave me no option but to pursue all legal remedies available to me. This includes, but is not limited to : Filing formal complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ).

Initiating legal action for damages caused by your failure to correct these inaccuracies, which will include claims under the FCRA for statutory damages, actual damages, punitive damages, and attorneys fees as stipulated under 15 U.S.C. 1681n and 15 U.S.C. 1681o.

This letter serves as a final attempt to resolve this matter amicably. I expect your prompt attention to this urgent issue. 

Sincerely, XXXX XXXX XXXX XXXX : Copies of communication with Chase representatives Evidence of incorrect routing account number Credit report showing the erroneous late payments Any other relevant documents Please ensure this letter is reviewed by the appropriate department to expedite the resolution process.

Thank you for your immediate attention to this matter.