Consumer complaint received 2024-08-19
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. (GA)

Formal Dispute for XXXX XXXX XXXX XXXX XXXX  Account number XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, XXXX  XXXX Experian XXXX XXXX XXXX XXXX, XXXX  XXXX Re : Formal Dispute Regarding Inaccurate Reporting of Child Support Obligation on Credit Report To Whom It May Concern, I am writing to formally dispute the inclusion of a child support account on my credit report, as reflected in the most recent report issued by your agency. Upon thorough review and legal analysis, I assert that this reporting is both erroneous and inconsistent with the standards set forth by the Fair Credit Reporting Act ( FCRA ) as well as applicable California state law. 

Legal Basis for Dispute : XXXX. Ambiguity in FCRA Provisions : The Fair Credit Reporting Act was enacted with the explicit purpose of ensuring the accuracy, fairness, and privacy of information within consumer credit reports. While the FCRA provides detailed guidelines for the reporting of traditional credit instrumentssuch as revolving credit lines, installment loans, and mortgage obligationsnowhere does it explicitly endorse the reporting of child support obligations as a standard consumer debt. The omission of child support from the enumerated categories suggests that Congress did not intend for such obligations to be reported in the same manner as other debts. Any attempt to include child support under the guise of permissible reporting categories would thus be an overreach, unsupported by statutory language or legislative intent. 
XXXX. Applicability of California Consumer Protection Laws : The California Consumer Credit Reporting Agencies Act ( CCCRAA ) supplements the FCRA with more stringent protections for California residents. Under the CCCRAA, any information furnished to credit reporting agencies must be both accurate and complete, ensuring that consumers are not unduly penalized by erroneous or misleading data. The reporting of child support as a " debt '' under traditional credit categories may mislead potential creditors regarding the nature of the obligation, especially when no clear guidelines exist to govern how such information should be reported. This practice could therefore violate the principles of accuracy and completeness mandated by California law. 
XXXX. Questionable Relevance and Consumer Harm : Child support obligations are fundamentally distinct from consumer credit obligations. They are court-ordered duties, not voluntary credit agreements, and thus should not be treated as a measure of creditworthiness in the same way as loans or credit cards. Reporting such obligations on a credit report can create a misleading portrayal of a consumers financial health, potentially leading to unwarranted denials of credit, higher interest rates, or other adverse actions. This is particularly unjust where the reported information may not accurately reflect the current status of payments or where the reporting methodology lacks transparency. 
Anticipating Rebuttal : Given that your agency may contend that the FCRA allows for the broad reporting of any financial obligation, I must emphasize that such an interpretation would contradict the principle of fairness that underpins the Act. The FCRA mandates that only relevant and accurate information be reported, and the reporting of child support, without clear statutory guidance, risks breaching this mandate. 
Further, any argument that the inclusion of child support information is justified by a general obligation to report debts ignores the legal distinction between voluntary credit agreements and court-mandated obligations. The latter, especially when not managed under the same terms as consumer credit, should not be subject to the same reporting standards without explicit legislative or regulatory authorization. 

Request for Verification and Action : In light of the foregoing, I respectfully demand that Experian conduct a thorough investigation into the legitimacy of this reporting. Specifically, I request : XXXX. Verification : That you obtain and provide documented verification from the original reporting entitythe relevant child support agencydetailing the specific legal basis under which this information was reported, along with a complete account of my payment history. 
XXXX. Deletion : That if the agency can not substantiate the reporting with explicit legal authority and accurate records, the information be immediately removed from my credit report. 
XXXX. Notification : That I be promptly notified in writing of the outcome of this investigation, including the actions taken to correct or remove the disputed information. Should the information remain on my report, I request a detailed explanation of your rationale, including references to the specific statutory provisions or regulations that support your decision. 


Conclusion : This letter serves as a formal dispute under both the FCRA and CCCRAA. Given the gravity of reporting such obligations and the potential harm to my creditworthiness, I expect an expeditious and diligent review of this matter. Should this dispute not be resolved to my satisfaction, I am prepared to pursue all available legal remedies, including but not limited to filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and the California Attorney General 's office, and initiating civil litigation for any damages resulting from inaccurate or improper reporting. 
Thank you for your immediate attention to this matter. I look forward to your prompt and thorough response. 

Sincerely, XXXX XXXX