Consumer complaint received 2024-02-28
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)

Failed To Comply With FCRA for Identity Theft Dispute - 4th Request In XX/XX/XXXX, I, XXXX XXXX, notified all three credit bureaus that I was a victim of identity theft. Despite this initial notification, I did not receive a response from the credit bureaus. Subsequently, on XX/XX/XXXX, I filed a formal complaint with you regarding the undisputed items on my credit report that I do not recognize and have not applied for. 

Experian Complaint ID : XXXX XXXX Complaint ID : XXXX XXXX Complaint ID : XXXX In my complaint, I provided substantial evidence to support my claim of identity theft. This evidence included a copy of my identity theft report, a police report documenting the incident, and my personal identification details. I have included them to this complaint also. 

I specifically requested that the disputed fraudulent items be promptly removed from my credit report in accordance with the provisions outlined in the 15 U.S. Code 1681c2. This code stipulates that if an individual provides proof of their identity, an identity theft report, and a statement asserting that the information in question does not pertain to any transactions they have made, then the disputed items must be deleted within four business days of receiving the dispute.

Not only did I adhere to these requirements by submitting the necessary documentation, but I also included a copy of my police report to further substantiate my claim of identity theft. 

The Credit Bureaus deleted a few items but always provide a generic response that they need additional time and will respond within 60 days. According to the FCRA, when you dispute information on your credit report, the credit bureaus are required to conduct a reasonable investigation within 30 days of receiving the dispute. This investigation may be extended by 15 days under certain circumstances, making the total time frame for resolution 45 days with a traditional dispute but as a victim of identity theft this does not apply to me and items must be deleted and blocked permanently within 4 days. 

I also requested that if not deleted I wanted proof of their investigation form my initial dispute in XXXX within 15 days and heard nothing. 

According to the FCRA, they are required to provide me proof of results within 5 days of dispute investigation and all they did was say items were valid nothing more. 

XXXX responded that XXXX XXXX XXXX was verified and updated, that XXXX XXXXXXXX was not currently reporting which it is as XXXX XXXX XXXX. They said that XXXX XXXX XXXX or XXXX is not current reporting but it is. They did not provide an update about XXXX XXXX XXXX. 

Experian responded on XX/XX/XXXX that they were still working on it and that it may take up to 30 days for reinvestigation and has not responded further. 

XXXX responded on XX/XX/XXXX that XXXX XXXX XXXX was verified, that XXXX was verified and that XXXX XXXX was verified. They also said they would provide proof of investigation via U.S. mail within 7 days and have not. 

On XX/XX/XXXX, I filed another complaint with your organization against the parties in question, reiterating my concerns and requesting the removal and deletion of certain items within the 4 day quoted time frame, as well as proof of any agreements or contracts involved. 

Experian Complaint ID : XXXX XXXX Complaint ID : XXXX XXXX Complaint ID : XXXX Despite my efforts, I have not received any results or a compliant response to date regarding my latest complaint. 

Experian responded on XX/XX/XXXX with a generic response that they would forward my complaint to their dispute department and I have heard nothing since. 

XXXX provided a generic response on XX/XX/XXXX saying they were reinvestigating and I would receive a response within 60 days which is not accurate according to the FCRA. 

XXXX responded on XX/XX/XXXX that XXXX XXXX XXXX was verified, that XXXX XXXX XXXX was verified and yet in my previous complaint listed above they claimed it was ot reporting so I am confused how they could have possibly truly investigated anything and that XXXX XXXX was verified. 

I also made it clear that if a resolution was not provided promptly, meaning if items were not removed in the requested 4 days or proof was not provided in the required 5 I would be compelled to pursue legal action. 

After consulting with a lawyer, it was confirmed that the other parties are potentially violating the Fair Credit Reporting Act ( FCRA ), which safeguards consumers rights at the federal level. 

As it was explained to me, the FCRA is a crucial federal law designed to protect consumers credit information and ensure fair treatment by credit reporting agencies. Violating this law can have serious legal consequences. In this case, it also appears that XXXX, originally associated with XXXX XXXX, has been updating the balance in a manner that does not constitute proper validation. Their practice of adding and deducting nominal amounts like {$1.00} does not fulfill the requirements for validating a debt under the FCRA. 

I have been advised that if a resolution is not provided then taking legal action may be necessary to address this issue and enforce my rights under the FCRA and to continue documenting my interactions with the other parties and any relevant communications to support my case which is why I am sending my request one more time.