Consumer complaint received 2023-07-12
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc. (CA)

1. Alleged late/missed payment ( s ) are exclusive to my XXXX XXXX credit card accounts. All my accounts show on time payment history at the time of the here involved discrepancy ( s ).

2. XXXX XXXX failed or neglected to provide me with a written and/or electronic ( email and/or website ) notice that the here-involved account ( s ) were delinquent and/or that I missed a payment on the here-involved account ( s ).

3. I found out that I missed a payment by reviewing my credit report. Otherwise, I would not have known that I missed a payment. Comenity bank received my monthly payment ( s ) every month, so I did not have any reason to suspect that I had missed a payment. 
4. In XXXX XXXX XXXX, I disputed the following inaccuracies with Experian, XXXX, and XXXX. I have not received a response from Experian. XXXX and XXXX alleged that the involved accounts were verified by the creditor. 
5. In XXXX, I wrote a XXXX letter to XXXX XXXX where I explained the circumstances surrounding the late and/or missed payments. XXXX XXXX  did not verify the inaccurate credit reporting information. XXXX XXXX  responded by updating my consumer credit file by deleting and/or adjusting the dates in question. 
6. All my credit accounts with all other creditors show a history of on-time payments. XXXX XXXX is the exception. 
I am requesting that the following erroneous late and/or missed payment ( s ) be deleting from my consumer credit file and that all involved account ( s ) report to Experian as current/ pays as agree, never late : XXXX XXXX XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXXXXXX XXXX, XXXX, XXXX Section 623 of the Fair Credit Reporting Act ( 15 U.S.C. 1681s2 ) is amended by adding at the end the following new subsection : ( f ) Duty Of Furnishers To Maintain Records Of Consumers.

( 1 ) IN GENERAL.A person who furnishes information to a consumer reporting agency relating to a consumer who has an account with that person shall maintain all information necessary to substantiate the accuracy and completeness of the information furnished, including any records establishing the liability and terms and conditions under which credit was extended to a consumer and any payment history with respect to such credit.

b ) Negative Information Notices To Consumers.Section 623 ( a ) ( 7 ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681s2 ( a ) ( 7 ) ) is amended to read as follows : ( 7 ) DUTY OF FURNISHERS TO INFORM CONSUMERS ABOUT REPORTING NEGATIVE INFORMATION.

( A ) GENERAL NEGATIVE INFORMATION WARNING NOTICE TO ALL CONSUMERS PRIOR TO FURNISHING SUCH INFORMATION.

( i ) IN GENERAL.Any person that regularly furnishes negative information to a consumer reporting agency described in subsection ( p ) or ( x ) of section 603 about activity on any accounts of a consumer held by such person or transactions associated with credit extended to a consumer by such person shall provide a written general negative information warning notice to each such consumer before such person may furnish any negative information relating to such a consumer.

( ii ) CONTENT.Such notice shall ( I ) be clear and conspicuous ; ( II ) describe the types of activities that constitute negative information ; ( III ) inform the consumer that the person may report negative information relating to any such accounts or transactions to a consumer reporting agency described in subsection ( p ) or ( x ) of section 603 ; ( IV ) state that the negative information may appear on a consumer report of the consumer for the periods described in section 605 and that during such periods, the negative information may adversely impact the consumers credit score ; ( V ) state that in some limited circumstances, the negative information may result in other adverse actions, including a denial of a new job or a promotion from existing employment ; and ( VI ) state that the consumer has right to ( aa ) obtain a copy of their consumer report and credit score or educational score ( if applicable ), which in some instances can be obtained free of charge, from any consumer reporting agency to which negative information may be been sent ; and ( bb ) dispute, free of charge, any errors on a consumer report relating to the consumer.

( iii ) TIMING OF NOTICE.Such person shall provide such notice to a consumer not later than 90 days before the date on which the person furnishes negative information relating to such consumer.

( B ) SPECIFIC NEGATIVE INFORMATION NOTICE TO A CONSUMER.

( i ) IN GENERAL.Any person described in subparagraph ( A ) that has furnished negative information relating to activity on any accounts of a consumer held by such person or transactions associated with credit extended to a consumer by such person to a consumer reporting agency described in subsection ( p ) or ( x ) of section 603 shall send a written notice to each such consumer. 
( ii ) CONTENT.Such notice shall ( I ) be clear and conspicuous.

( II ) inform the consumer that the person has furnished negative information relating to such accounts or transactions to a consumer reporting agency described in subsection ( p ) or ( x ) of section 603 ; ( III ) identify any consumer reporting agency to which the negative information was furnished, including the name of the agency, mailing address, internet website address, and toll-free telephone number ; and ( IV ) include the statements described in subclauses ( IV ), ( V ), and ( VI ) of subparagraph ( A ) ( ii ).

( iii ) TIME OF NOTICE.Such person shall provide such notice to a consumer not later than 5 business days after the date on which the person furnished negative information relating to such consumer.