Consumer complaint received 2024-12-11 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc.
State: FL

Complaint narrative:
XXXX XXXX Department XXXX XXXX XXXX, TX XXXX Subject : FCRA Violation and Request for Immediate Deletion of Fraudulent Item from Credit Report Dear Experian, I am writing regarding an item recently reinstated on my credit report, which was previously removed following my submission of an identity theft report. This item pertains to an account purportedly associated with XXXXXXXX XXXX XXXX I wish to bring to your attention that I have no recollection of ever having an account with XXXX XXXX cards, and this reinstatement without notification violates the Fair Credit Reporting Act ( FCRA ). 

FCRA Violation Under the FCRA, specifically 15 U.S.C. 1681i ( a ) ( 5 ) ( B ), a credit reporting agency is required to notify a consumer promptly when reinserting previously deleted information on their credit report. Failure to provide this notice is a clear violation of the FCRA. Furthermore, your actions contradict your obligations to ensure accurate and fair credit reporting.

Case Law and Precedent To emphasize the seriousness of this matter, I reference the following : Dennis v. BEH-1, LLC, 520 F.3d 1066 ( 9th Cir. 2008 ) : This case underscores that credit reporting agencies must adhere strictly to FCRA requirements for investigating and correcting disputed information.

Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329 ( 9th Cir. 1995 ) : This ruling highlights the liability of credit reporting agencies when they fail to maintain accurate and fair reporting, resulting in harm to consumers.

Cushman v. Trans Union Corp., 115 F.3d 220 ( 3rd Cir. 1997 ) : This case demonstrates that credit bureaus bear a responsibility to verify the accuracy of disputed items.

By reinstating this item without providing the required notification, Experian has acted in direct violation of these precedents and the statutory mandates of the FCRA.

Immediate Request for Deletion Given the violation outlined above, I demand the immediate and permanent deletion of the Discover credit card account from my credit report. Additionally, I request written confirmation of the removal within 30 days of receipt of this letter.

Penalties for Non-Compliance Should Experian fail to comply with this request, I will have no alternative but to escalate this matter by filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my state Attorney Generals office. Additionally, I reserve the right to pursue legal action for damages arising from Experians failure to comply with the FCRA.

I trust that Experian will resolve this matter promptly and in compliance with its obligations under federal law.

Legal Protections Reinsertion of Disputed Items : If a credit bureau removes a disputed item from your credit report but later decides to reinstate it, the FCRA requires the bureau to : Notify you in writing within five business days of reinserting the item.

Provide the source of the information that supports the reinstatement.

Failure to notify you is a violation of the FCRA.

2. Penalties for Credit Bureaus Civil Penalties : If a credit bureau fails to comply with the FCRA, it can face : Statutory damages of up to {$1000.00} per violation in individual lawsuits.

Actual damages if you can prove financial harm, such as being denied credit or incurring higher interest rates.

Punitive Damages : If the violation is willful, a court may award punitive damages to punish the bureau.

Class-Action Lawsuits : In some cases, consumers can join a class-action lawsuit, which may lead to substantial settlements.

I will file a lawsuit if this account is not deleted from my credit report due to this violation. If the item is deleted then I will not file a lawsuit against your company.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation