Consumer complaint received 2024-10-20 00:00:00
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.
State: GA

Complaint narrative:
Subject : Violation of 605B Rule and Unlawful Reinsertion of Fraudulent Accounts Without Notification Issue Summary : I am filing this complaint against Experian for violations of the Fair Credit Reporting Act ( FCRA ) specifically related to the unlawful reinsertion of fraudulent accounts into my credit report without proper notification. Details of the Complaint : Two fraudulent accounts were previously removed from m
y credit report after I filed an identity theft dispute under 15 U.S.C. 1681c-2 ( 605B ). However, these accounts have since been reinserted into my credit report without notification, which violates 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) ( ii ). I never received written or electronic notice of the reinsertion within XXXX business days, as required by law. The fraudulent accounts are : XXXX XXXXXXXX XXXX XXXXXXXX Acct XXXX XXXX XXXX XXXX Acct XXXX XXXX These accounts were initially removed due to identity theft, and their reappearance on my credit report without notice constitutes a serious violation of my consumer rights under the FCRA. Additionally, the accounts have been reinserted as charge-offs, which is also unlawful because charge-offs representing income are prohibited from being reported on my credit report under 15 U.S.C. 1681c ( a ) ( 2 ) ( A ) ( i ).

Relevant Legal Requirements : Certification Requirement : The FCRA requires the furnisher of the information to certify that it is accurate and complete before it can be reinserted.

Notification Requirement : The FCRA mandates that credit reporting agencies must notify me within XXXX business days of the reinsertion, including the name, address, and phone number of the information furnisher.

To date, Experian has failed to meet these legal requirements.

Supporting Case Law : Cushman v. Trans Union Corp., 115 F.3d 220 ( 3rd Cir. 1997 ) Credit reporting agencies must follow reasonable procedures to ensure accuracy.

Dennis v. BEH-1, LLC, 520 F.3d 1066 ( 9th Cir. 2008 ) CRAs are required to notify consumers when information is reinserted.

Pinner v. Schmidt, 805 F.2d 1258 ( 5th Cir. 1986 ) Failure to properly notify consumers of reinsertion violates their rights.

Desired Resolution : I request the following actions from Experian : Immediate removal of the fraudulent accounts from my credit report.

Written confirmation that these accounts will not be reinserted.

Copies of the certification from the furnishers of the information, confirming its accuracy, as required by law prior to reinsertion.

Failure to take immediate corrective action will leave me no choice but to pursue further legal recourse, including filing additional complaints and pursuing claims under the FCRA.

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