Consumer complaint received 2024-08-19
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc. (TX)

I am writing to formally address the severe and ongoing violations of the Fair Credit Reporting Act ( FCRA ) perpetrated by Experian. As a direct result of Experian 's grossly inaccurate and misleading reporting practices, I have faced significant financial harm and personal distress. Specifically, I have been denied multiple credit card applications and auto financing opportunities. Additionally, I am unable to qualify for a Small Business Administration ( SBA ) disaster loan, which requires a minimum credit score of 580, because my current credit score, due to Experians erroneous reporting, is unjustly languishing in the low XXXX. 

My situation has been further exacerbated by the fact that I was a victim of Hurricane Beryll, which recently devastated parts of Texas. The financial impact of this disaster has left me in an extremely vulnerable position. I urgently need to extend credit to recover from this hardship, but I am unable to do so because of the inaccurate and misleading information Experian has reported regarding the XXXX XXXX account. 

These denials have caused substantial harm, both financially and emotionally, and are a direct consequence of Experians failure to adhere to the legal standards set forth by the FCRA.

I. Unauthorized Access and Permissible Purpose Violation Experian furnished my consumer report with Capital Ones tax write-off without my authorization. This action constitutes a clear violation of 15 U.S. Code 1681b, which mandates that a consumer report may only be shared with the consumer 's written consent. Experians unauthorized access to my report is a flagrant breach of my rights under the FCRA, and such conduct is intolerable. 

XXXX. Inaccurate Reporting of XXXX XXXXXXXX Account The XXXX XXXX  account listed on my report is inaccurately categorized as a charge-off. According to IRS guidelines, a debt in charge-off status is considered forgiven or discharged. Despite this, Experian has continued to report XXXXXXXX XXXX  tax write-off as if it were still an active debt. This misinformation is a direct violation of 15 U.S. Code 1681e, which requires credit reporting agencies to follow procedures that ensure the maximum possible accuracy of the information they report. Experians failure to meet this standard has caused serious financial repercussions, especially in light of my need to recover from the hurricane 's impact. 

III. Defamation of Character Through Malicious Reporting Experian has defamed my character by reporting the XXXX XXXX account under the name " XXXX XXXX XXXX, '' despite knowing that my correct legal name is " XXXX XXXX XXXX. '' This false reporting is not merely an error ; it reflects " actual malice, '' as Experian knowingly and recklessly disseminated incorrect information. The damage to my reputation has been substantial, and this defamation can not go unaddressed. 

IV. Financial Harm Resulting from Inaccurate Reporting Due to Experians willful and knowing misreporting, I have been denied credit cards and auto financing, and I do not qualify for an SBA disaster loan that is critical to my financial stability. This violation of 15 U.S. Code 1681n entitles me to recover statutory damages, actual damages, and punitive damages. The financial setbacks I have experienced are directly attributable to Experian 's irresponsible and unlawful actions, particularly during a time when I am struggling to recover from the aftermath of Hurricane Beryll. 

V. Willful Violation of Reporting Procedures ( Late Payments ) Experian willfully reported late payments associated with the XXXX XXXXXXXX account, in violation of 15 U.S. Code 1666b and 1637a ( a ). Despite my repeated disputes, Experian persisted in reporting this false information, demonstrating a clear pattern of willful noncompliance under 15 U.S. Code 1681i. This blatant disregard for accuracy and consumer rights is unacceptable and has further compounded the harm done to my financial standing.