Consumer complaint received 2024-01-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc. (CA)

This complaint involves the following parties : XXXXXXXX XXXX XXXX XXXX XXXX XXXX ) Attn : XXXX XXXX and XXXX XXXXXXXX XXXX XXXX XXXX ( as Identured Trustee ) XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX GA XXXX EXPERIAN Attn : XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XXXX : XXXX XXXX and XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX IL XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX XXXX XXXX XXXX, GA XXXX Please note that Ive already tried repeatedly to resolve these issues ( with all parties ) via certified mail before filing this CFPB complaint. 

Summary of Problem / Complaint Details XXXXXXXX XXXX XXXX XXXX XXXX XXXX ) is committing securities fraud and willfully violating the Fair Credit Reporting Act by furnishing false, inaccurate, non-public information to non-affiliated third parties ( specifically credit agencies EXPERIAN, XXXX and XXXX ). 


XXXX XXXX sent XXXX a written request to OPT-OUT ( per 15 USC 6802 and 16 CFR 313.7 ) via certified mail back in XXXX of XXXX, which XXXX ignored. Included in this same round of certified mail was also a notorized affidavit from XXXX XXXX detailing 16 different statements of fact which XXXX also ignored and did not respond to. 


Rather than conducting a reasonable investigation into XXXX XXXX concerns and addressing the 16 specific issues listed, XXXX Customer Solutions mailed back a generic response letter ( dated XXXX XXXXXXXX XXXX / addressed to XXXX XXXX ) stating that they investigated the concerns and determined that no billing error occurred because their records indicate the credit reporting regarding this account is accurate ; despite XXXX XXXX having documented over 48 factual discrepancies and FCRA violations at that time. 


This generic response letter from XXXX also listed a total outstanding balance of {$590.00} despite this account having been charged off and closed in XXXX Theres no way a closed/ charged off account can still have an outstanding balance in XXXX 


In addition to this generic response letter, XXXX attached a copy of the accounts transaction history which shows that the account accrued finance charges and a currency conversion fee in XXXX XXXX despite XXXX reporting that this account was charged off in XXXX  ). Again, once an account is charged off, that account is considered CLOSED. So theres no way an account that was closed/charged off in XXXX could suddenly be accruing finance charges and currency conversion fees one year later in XXXXXXXX 


XXXX XXXX has sent multiple rounds of certified mail to XXXX in an attempt to resolve this matter in good faith outside of court ; this certified mail has included a formal cease and desist letter, a follow up estoppel letter and letter of demand with invoice, yet XXXX willfully persists in furnishing false information to the credit agencies ( violating 15 USC 1681s-2 ) as well as the Privacy Act of 1974, the Truth in Lending Act and the Securities Exchange Act of 1934. 


XXXX XXXX has also repeatedly notified the credit agencies EXPERIAN, XXXX and XXXX via certified mail about this matter, sending them formal cease and desist letters, estoppels and letters of demand with invoices, yet all three credit agencies continue to willfully report this false, inaccurate, non-public information ( furnished to them from XXXX ) despite the ongoing factual discrepancies that they have been notified of time and time again. 


Rather than conducting reasonable investigations into the matter, EXPERIAN, XXXX and XXXX conducted superficial examinations based on presumption ( not proof ) that XXXX was telling the truth without requiring XXXX to provide actual account documentation that could be verified. This is a violation of the Fair Credit Reporting Act ( 15 USC 1681i ). 


XXXX XXXX has attached his most recent XXXX report ( dated XXXX XXXXXXXX XXXX ) to this CFPB complaint which shows side by side that all three credit agencies are reporting wildly different information in regards to this XXXX account. 


EXPERIAN, XXXX and XXXX are reporting different high balance amounts, different dates of last activity, different dates opened, and all list a current balance owed while simultaneously reporting that this account was closed/charged off. Theres no way a closed/charged off account still has an active balance. 


EXPERIAN, XXXX and XXXX should all be reporting the same information for this XXXX account, yet they are not. This is proof that EXPERIAN, XXXX and XXXX are not doing their due diligence in verifying the maximum possible accuracy of the information being furnished to them by XXXX. This also shows that the credit agencies are not exercising their grave responsibilities with fairness, impartiality and respect with the consumers right to privacy, thus impairing the efficiency of the banking system and undermining public confidence ( 15 USC 1681 ). 


This is grounds for immediate deletion of this XXXX account from all of XXXX XXXX credit reports ( per 15 USC 1681i ).

Per 15 USC 6805, it is now the CFPBs responsibility to enforce compliance in this matter and see to it that XXXX XXXX credit reports are promptly corrected and that XXXX XXXX is now compensated for FCRA violations in the amount of {$1000.00} per violation ( per 15 USC 1681n ). 


Please see the attached documents which include notices of default and opportunities to cure. XXXX XXXX has also attached updated invoices addressed to XXXX, EXPERIAN, XXXX and XXXX. 


XXXX XXXX has repeatedly attempted to resolve this matter in good faith for over a year now. This will be his last attempt to settle outside of Federal court where XXXX not only be seeking compensation for FCRA violations, but also attaching claims for securities fraud and damages upwards of 4 times what hes requesting compensation for at this time. 


In conclusion, the outcome desired is that this XXXX account should not be showing any transaction history ( including late payments and charge-offs ). Transactions are not allowed to be included in consumer reports ( per 15 USC 1681a ). Also, 15 USC 1666b makes it clear that payments on a consumer credit plan can not be marked as late for any purpose. Additionally, charge-offs are considered certificates of indebtedness ( which the IRS considers income per publication 4681 ), so charge-offs are also not allowed to be reporting. 


The only thing XXXX, EXPERIAN, XXXX and XXXX have XXXX XXXX permission to report is that this account was PAID IN FULL, ON TIME, AS AGREED. 


No adverse information should be reporting. 


Any information beyond this would be considered furnishing a deceptive form with the intent to mislead the public ( 15 USC 1692j ). 


From the beginning, XXXX engaged in contract and securities fraud. XXXX used misleading and deceptive language and practices to elicit a signature for an alleged purchase money loan, but XXXX XXXX never recieved any cash advance in exchange for finance charge ( 16 CFR 433.1 ). Instead, XXXX conducted a consumer credit transaction whereby XXXX XXXX signature was used ( without his full knowledge and understanding ) to securitize a bond on a promissory note which is now an obligation of the United States ( per 18 USC 8 ).

This was a violation of 17 CFR 240.14a-9 and 17 CFR 240.15c1-2.