Consumer complaint received 2024-05-21
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. (FL)

To Whom It May Concern, I am submitting a formal complaint against Experian Information Solutions , Inc. ( " Experian '' ) for its repeated and egregious violations of the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). Despite numerous attempts to rectify errors on my credit report, Experian has consistently failed to adhere to its statutory obligations, causing me significant financial and emotional distress. 

Background I am a XXXX XXXX veteran, and the inaccuracies on my credit report have severely impeded my ability to secure financing for a retirement home. On XX/XX/2024, I lodged a complaint via the CFPB Complaint Portal, requesting the removal or correction of fraudulent items on my credit report. Experians response, dated XX/XX/2024, acknowledged updates and deletions but failed to provide the requested wet ink contract from XXXX XXXX XXXX regarding the original creditor, XXXX XXXX XXXX XXXX. 

Both XXXX and XXXX have acknowledged these items as fraudulent, promptly removing them from my credit report following the XXXX data breach. Conversely, Experian has not complied with similar requests, despite clear evidence of the inaccuracies. 

Violations of the Fair Credit Reporting Act ( FCRA ) Experians actions constitute multiple violations of the FCRA, codified at 15 U.S.C. 1681 et seq., specifically : Failure to Conduct a Reasonable Re-Investigation ( 15 U.S.C. 1681i ( a ) ( 1 ) ( A ) ) : Experian is mandated to conduct a reasonable re-investigation of disputed information within 30 days. Despite multiple disputes, Experian has failed to provide the necessary verification, including the original signed contract ( wet ink signature ) from XXXX XXXX XXXX. 

Failure to Delete Inaccurate Information ( 15 U.S.C. 1681i ( a ) ( 5 ) ) : If disputed information can not be verified, the credit reporting agency must delete or modify the information. Experian has persisted in reporting unverifiable accounts, despite clear evidence provided by both XXXX and XXXX. 

Failure to Notify Consumer of Re-Investigation Results ( 15 U.S.C. 1681i ( a ) ( 6 ) ) : Experian is required to notify the consumer of the re-investigation results within 5 business days of completion. This has not been consistently adhered to, causing further delays and confusion.

Failure to Provide Relevant Documentation ( 15 U.S.C. 1681i ( a ) ( 6 ) ( B ) ( iii ) ) : Upon receiving a dispute, the credit reporting agency must provide the consumer with all relevant documentation from the furnisher of the disputed information. Experians failure to provide the wet ink contract violates this provision. 

Violations of the Fair Debt Collection Practices Act ( FDCPA ) Experians handling of my dispute also infringes upon the FDCPA, particularly : Unfair Practices ( 15 U.S.C. 1692f ) : Experians refusal to delete fraudulent accounts constitutes an unfair practice, causing undue hardship and distress.

Failure to Validate Debt ( 15 U.S.C. 1692g ( b ) ) : By failing to provide verification of the debt, including the original signed contract, Experian has not met the validation requirements under the FDCPA.

Financial and Emotional Hardship Experians non-compliance has caused substantial financial hardship, delaying my ability to purchase a retirement home. As a XXXXXXXX XXXX veteran, this ongoing issue has exacerbated my financial and emotional stress, infringing upon my right to fair credit reporting. 

Mail Fraudulent Practices In addition to the above violations, I have received mail from Experian containing a blank sheet of paper, evidently an attempt to create the illusion of a response to my dispute. This act is deceptive and further demonstrates Experians disregard for legal compliance. I have retained all evidence of this and can provide it upon request. 

Supporting Evidence Enclosed is my credit report, showing that XXXX and XXXX have removed the disputed accounts after recognizing them as fraudulent. 
Copies of my correspondence with Experian, demonstrating my numerous attempts to resolve these disputes and Experians insufficient responses.

Evidence of the mail received from Experian containing a blank sheet of paper.

Legal Remedies and Penalties Pursuant to the FCRA and FDCPA, Experians violations can result in statutory damages, actual damages, punitive damages, and attorneys fees : Statutory Damages ( 15 U.S.C. 1681n ) : Up to {$1000.00} per violation.

Actual Damages ( 15 U.S.C. 1681o ) : Compensation for actual harm caused.

Punitive Damages ( 15 U.S.C. 1681n ( a ) ( 2 ) ) : For willful non-compliance.

Attorneys Fees ( 15 U.S.C. 1681n ( a ) ( 3 ) ) : Reasonable fees incurred in pursuing legal action.

Request for Relief I respectfully request the CFPB to : Investigate Experians violations of the FCRA and FDCPA.

Mandate the deletion of the fraudulent accounts from my credit report.

Impose appropriate penalties on Experian for non-compliance and negligence.

Ensure Experian implements procedures to prevent future violations.

Experians continued non-compliance undermines my rights as a consumer, as protected by federal law. I seek the CFPBs assistance in enforcing these protections and ensuring Experian fulfills its legal obligations.

Thank you for your attention to this matter. 

Sincerely, XXXX XXXX