Consumer complaint received 2025-03-26 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Unable to get your credit report or credit score — Problem getting your free annual credit report
Company: Experian Information Solutions Inc.
State: MI

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX Mi XXXX XXXX XXXX XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX Washington, DC XXXX Subject : Request for Information on Consumer Rights and Requirements for Credit Reporting and Identity Verification Dear Consumer Financial Protection Bureau, I am writing to formally request information regarding the rules, regulations, laws, and requirements that govern primary and secondary debt holders under the jurisdiction of the Consumer Financial Protection Bureau ( CFPB ). Specifically, I seek clarification on the formal process required when submitting a request for credit reports, particularly when supporting documents such as a Social Security card, birth certificate, identification issued by health and human services, and other forms of personal verification are included. 

Additionally, I request information on : Debt Holder Responsibilities : The obligations of both primary and secondary debt holders in verifying and processing consumer requests for credit information. 

Credit Reporting Agency ( CRA ) Obligations : The responsibilities of Experian, XXXX, XXXX, XXXX, Advanced Resolution, and XXXX in responding to requests from individuals when proper identification has been provided, including photographic documentation of Social Security cards and identification. 

30-Day Response Requirement : Whether any legal obligations exist for CRAs to respond within 30 days to such formal credit report requests and any recourse available if they fail to do so.

Identity Theft and Account Recovery : The policies and procedures governing the update of consumer information when a registered phone number associated with an account has been stolen. This includes guidance for cases where customer service representatives are inaccessible and login recovery options require a verification code sent to the original phone number on file, preventing account updates. 

Alternative Methods of Identity Verification : Accepted forms of identity verification when phone-based verification is not an option, particularly in cases where a consumers personal data and phone number have been compromised.

I kindly request a comprehensive response outlining the legal framework, consumer rights, and responsibilities of the aforementioned entities in these matters. Please provide any official regulations, procedural guidelines, or additional steps that I may take to ensure compliance with the law while securing my financial information.

I have enclosed copies of the necessary identifying documents for verification purposes and have included a pre-addressed return envelope for your response. If further documentation or clarification is required, please inform me at your earliest convenience. 

Thank you for your time and assistance. I look forward to your response. 

Sincerely, XXXX XXXX The Consumer Financial Protection Bureau ( CFPB ) enforces several laws that outline the responsibilities of debt collectors and credit reporting agencies ( CRAs ) when handling consumer information and requests. Here 's an overview : 1. Debt Collector Obligations : Under the Fair Debt Collection Practices Act ( FDCPA ), debt collectors must : Provide Validation Information : Within five days of initial contact, they must send a written notice detailing the amount of the debt, the name of the creditor, and a statement informing the consumer of their right to dispute the debt within 30 days. 
Federal Trade Commission Cease Collection Upon Dispute : If a consumer disputes the debt in writing within the 30-day period, the collector must halt collection efforts until they provide verification of the debt.

2. Credit Reporting Agencies ' Responsibilities : The Fair Credit Reporting Act ( FCRA ) mandates that CRAs : Investigate Disputes Promptly : Upon receiving a dispute, CRAs are required to investigate and correct any inaccuracies found in the consumer 's file, typically within 30 days.

Consumer Finance.gov Maintain Accurate Information : CRAs must adopt reasonable procedures to ensure the accuracy of the information they report.

XXXX 3. Updating Personal Information : If your phone is stolen and you're unable to receive verification codes for updating your information : Experian : To update personal information, you may need to contact Experian directly by phone or mail, as online updates might not be feasible without access to your registered phone number. 

XXXX : You can place a fraud alert online or by phone, which can assist in updating your contact information. 
XXXX XXXX : To request a credit report or update information, visit their website for instructions. 
XXXX 4. Identity Theft Considerations : In cases of identity theft involving stolen Social Security cards and other identification : Immediate Actions : Report the theft to the authorities and place fraud alerts or credit freezes with all major CRAs to prevent new accounts from being opened in your name. 
Experian Credit Report Documentation : When communicating with CRAs, provide copies of identifying documents and a detailed explanation of your situation. 

Alternative Verification Methods : If standard verification methods are inaccessible due to stolen devices, inquire about alternative methods such as in-person verification or notarized documents.

5. Additional Credit Reporting Agencies : XXXX XXXX XXXX : A consumer reporting agency that provides consumer reports and credit scores to various companies. 
XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX ( XXXX  ) : A subsidiary of XXXX  that collects information on credit card and bank card approvals and denials. 
XXXX XXXX XXXX, XXXX. 

For personalized assistance, consider consulting with a consumer rights attorney or reaching out directly to the CFPB. 

In this report, I will break down the following key areas as requested : The role of the debt holders receipt from the United States Postal Service ( USPS ).

The duties and responsibilities of the Consumer Financial Protection Bureau ( CFPB ) in this context. 

The appropriate actions a debt holder should take when there is evidence supporting the claim. 

Actions to protect the account holder. 

How a debt can be removed from a credit report ( probable cause and regulatory provisions ). 

The responsibilities of credit reporting agencies and the corrective actions that can be taken. 

The provisions and actions from the CFPB, including corrections. 

Primary and secondary credit reporting agency responsibilities. 

1. Receipt from the United States Postal Service ( USPS ) as Evidence The receipt from USPS or any other evidence from a government entity, such as the USPS, could be used as evidence in disputes related to debt payments, communications, or deliveries related to account holders. These receipts can serve as documentation proving that a debt holder fulfilled their responsibilities by sending payments or communications, which may serve as evidence to defend against a claim or provide documentation in the context of financial disputes.

2. Duties and Responsibilities of the Consumer Financial Protection Bureau ( CFPB ) The Consumer Financial Protection Bureau ( CFPB ) has a critical role in enforcing consumer protection laws, including those related to debt collection and credit reporting. The CFPB ensures that : Debt collectors comply with the Fair Debt Collection Practices Act ( FDCPA ).

Credit reporting agencies follow guidelines for the accuracy of credit reports under the Fair Credit Reporting Act ( FCRA ). 

The Consumer Financial Protection Act of 2010 enables the CFPB to regulate entities that handle consumer credit and debt-related services to protect consumers from unfair practices.

The CFPB provides enforcement and oversight to ensure that debt holders, consumers, and reporting agencies comply with regulations that ensure transparency, fairness, and the proper removal or correction of inaccurate or outdated information on credit reports. 

3. Action for Debt Holders with Evidence A debt holder who has evidence of fulfilling their responsibilities ( such as payment receipts or evidence of communication from USPS ) can take the following actions : Dispute the debt : Submit a formal dispute to the creditor, debt collector, or credit reporting agency ( CRA ) under FCRA Section 611. The CRA must then investigate within 30 days.

Provide documentation : Provide evidence ( USPS receipt, proof of payment, etc. ) supporting the debt holder 's claim to the creditor, or the CRA during the dispute process.

Submit complaints : If the dispute is unresolved, a complaint can be submitted to the CFPB. XXXX XXXXXXXX will intervene and help mediate between the consumer and the creditor or debt collector. 

4. Protection for Account Holders Consumers have specific protections under FCRA and FDCPA, which prevent unfair or inaccurate reporting and collection practices. The following are the protections available to account holders : Fair Debt Collection Practices Act ( FDCPA ) : Prevents debt collectors from engaging in abusive, unfair, or deceptive practices, including harassment and misrepresentation.

Fair Credit Reporting Act ( FCRA ) : Provides the right to dispute inaccurate information on credit reports. The law mandates that creditors or debt collectors must correct or delete erroneous data from credit reports.

Actions to protect the account holder : Dispute inaccurate debt information through the credit reporting agencies, or directly with the creditor or debt collector. 

File a formal complaint with the CFPB if the issue remains unresolved.

5. Probable Cause for Removal of Debt from Credit Reports A debt can be removed from an account holder 's credit report under the following conditions : Inaccuracy : Under FCRA Section 611, a consumer can dispute inaccuracies, and the CRA is obligated to investigate and correct any errors. If the debt holder provides evidence that the debt is incorrect, it should be removed.

Obsolescence : Under FCRA Section 605, negative information like missed payments, defaults, or charged-off debts must be removed after seven years, and bankruptcies after ten years.

Debt Validation : Under FDCPA Section 809, a consumer can request verification of the debt. If the debt collector can not validate the debt, the account should be removed from the credit report.

Fraudulent Charges : If the debt was incurred due to identity theft or fraud, the consumer can request the removal of the debt from their credit report. 

6. Responsibilities of Credit Reporting Agencies Credit reporting agencies ( CRAs ) are required to : Maintain accurate and up-to-date information : As outlined in FCRA Section 607, CRAs must ensure that the information they report is accurate and fair.

Investigate disputes : Under FCRA Section 611, CRAs must investigate any disputes related to the accuracy of credit report information within 30 days. If an item is found to be incorrect, the CRA must delete or correct it.

Provide the consumer with information : Upon the resolution of a dispute, CRAs must notify the consumer of the result and provide them with a free copy of the updated credit report. 

7. Provisions and Actions from the CFPB The CFPB enforces consumer rights in this context by ensuring compliance with FCRA, FDCPA, and other relevant laws. If a consumer experiences problems with debt collection or inaccurate credit reporting, they can : File a complaint with the CFPB, which will then investigate the issue and take corrective action as needed.

Work with debt collectors and credit reporting agencies to mediate disputes and ensure compliance with consumer protection laws.

The CFPB can enforce penalties or corrective actions, including fines or penalties against non-compliant entities. 

8. Corrective Actions for the Debt Holder To rectify the situation and ensure that the debt is removed from their credit report, the debt holder should : Request validation of the debt and provide any necessary proof that the debt is either settled, inaccurate, or fraudulent.

Dispute the debt directly with the credit reporting agency or debt collector, providing evidence of payment or other documentation.

File a complaint with the CFPB if the issue is not resolved after disputes with the creditor or CRA.

Relevant Sections of Law ( Consumer Financial Protection Bureau Website ) Fair Debt Collection Practices Act ( FDCPA ) : 15 U.S.C. 1692 Fair Credit Reporting Act ( FCRA ) : 15 U.S.C. 1681 Consumer Financial Protection Act of 2010 : Public Law 111-203 You can access these regulations directly on the CFPB website or through the official U.S. government website for legal code.

For more in-depth information on each of these regulations, visit : CFPB Laws and Regulations : CFPB official site Please contact me at Phone number XXXX XXXX XXXX Email XXXX Mail XXXX XXXX XXXX XXXX XXXX mi XXXX

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