Consumer complaint received 2023-02-22
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. (NY)

This letter shall serve as formal Notice of my dissatisfaction with your form letter response to a very serious issue. The FCRA states that Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority I have already filed a dispute with your company as you have acknowledged in your response. In that dispute letter I meticulously identified each area of concern and provided you this the correct information. It is obvious that you did not review these documents prior to writing your response. This is the kind of stall tactic which has frustrated this entire correction process. Please respond to my dispute directly as mandated by law. In addition, I requested a full file disclosure that includes all correspondence I have had with your organization, your investigation methodologies, your policies and procedures regarding the dispute process and your method of verifications. As indicated by the attached copies of letters and mailing receipts, you have been delivered by registered mail both a dispute letter, dated XX/XX/XXXX2022, as well as a follow-up letter, dated XX/XX/XXXX2022 along with the ids they are requesting in their respond to the complaint. As of this moment, you have not done your duty mandated under the law. Your inaction in this matter is inexcusable, if this is merely an oversight then please understand my frustration ; and please correct this mistake immediately. I have been trying unsuccessfully to obtain a loan to save my business. The only thing standing in my way is your erroneous reporting. As you are well aware, federal law requires you to respond within 15 days, yet you have failed to respond. Failure to comply with these federal regulations by credit reporting agencies are investigated by the Federal Trade Commission ( see 15 USC 41, et seq. ). I am maintaining a careful record of my communications with you on this matter, for the purpose of filing a complaint with the FTC and a law suit should you continue in your non-compliance. I further remind you that, as in Wenger v. Trans Union Corp., No. 95-6445 ( C.D.Cal. Nov. 14, 1995 ), you may be liable for your willful non-compliance. Please remember that : ( iii ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available ; ( iv ) a notice that the consumer has the right to add a statement to the consumers file disputing the accuracy or completeness of the information; and ( v ) a notice that the consumer has the right to request under subsection ( d ) that the consumer reporting agency furnish notifications under that subsection. ( 7 ) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description. For the record, if you do not immediately remove this inaccurate and incomplete information, then I intend to seek redress as indicated by FCRA in the form of a {$1000.00} penalty per violation which I will apply for through the CFPB or in a civil action to recover penalties, damages, costs, and attorneys fees, should you continue in your deliberate obstruction of the law. For this purpose, I am carefully documenting these events, including the lack of response REQUIRED under law from you. You are further directed to supply a corrected credit profile to all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes. Under federal law, you had 30 days to complete your re-investigation, yet you have failed to respond. Your continued delays are inexcusable. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within 15 days of the completion of your re-investigation. The financial institution broke a law. Section 604 A Section 2 says that they can only give out information about me if I say it is okay. They do not have my okay and I did not give them any kind of okay - not written nor verbal. 15 USC 6802 ( b ) ( c ) says the financial institution can't tell other people my information unless I say it is okay. They never told me that I could say no. 15 USC 1681C ( a ) ( 5 ) says that the financial institution can't put bad stuff about me in reports if it is more than 7 years old. They did that without my permission and that's against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A says that the financial institution can't tell people stuff that isn't true. They also didnt follow the law in 12 CFR 1016.7, which says I can say no to the financial institution at any time. So I am saying no now. Here are the laws being broken by Experian : 15 U.S. Code 1681b - Permissible purposes of consumer reports. 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.