Consumer complaint received 2025-08-04 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: MO

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  To : Experian XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : Federal Trade Commission ( FTC XXXX Consumer Financial Protection Bureau ( CFPB ) Subject : Formal Notice of Intent to Sue for Violation of FCRA Unauthorized Reinsertion of Fraudulent XXXX Account To Whom It May Concern, I am writing to formally notify Experian of my intent to initiate legal action for your willful and negligent violations of the Fair Credit Reporting Act ( FCRA ) in connection with the reinsertion of a fraudulent XXXX account into my credit report. 

As a victim of identity theft, my personally identifiable information was compromised during the XXXX  data breach, for which I received compensation. As a result, I have suffered repeated instances of fraud, including the unauthorized opening of financial accounts in my name and the diversion of my mail to an unauthorized address. 

I previously disputed the inclusion of the XXXX account, clearly indicating it was fraudulent and the result of identity theft. However, despite the protections afforded under 15 U.S. Code 1681c-2 ( FCRA 605B ), this account was reinserted into my credit file without any prior notice, in violation of federal law.

According to FCRA 611 ( a ) ( 5 ) ( B ), a consumer reporting agency that reinserts previously deleted information must notify the consumer in writing within XXXX business days, and such notice must include the name, address, and telephone number of the furnisher of the information. Your failure to provide such notification is a direct violation of this statute. 

Furthermore, the Federal Trade Commission ( FTC ) has made it explicitly clear that when information is reinserted without notice to the consumer, and without proper certification from the furnisher, the consumer reporting agency is required to delete the item from the file immediately ( See : 16 C.F.R. 611 ( b ) ( 5 ) ( C ) ).

If you assert that such notice was provided to me, then you are legally obligated to produce verifiable proofsuch as a USPS tracking number, certified mail receipt, or a signature confirmation of delivery. Failure to produce such documentation will be taken as confirmation that no proper notification was made. 

Unless this fraudulent XXXX account is permanently deleted from my credit report within XXXX business days of receipt of this letter, I will file a lawsuit against Experian for violations of : 15 U.S.C. 1681c-2 ( FCRA 605B Identity Theft Block Requirements ) 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) ( Reinsertion Procedures ) 15 U.S.C. 1681n ( Civil Liability for Willful Noncompliance ) 15 U.S.C. 1681o ( Civil Liability for Negligent Noncompliance ) I will also seek damages under FCRA 1681n ( a ) ( 1 ) ( A ) for actual damages, or statutory damages up to {$1000.00} per violation, along with punitive damages, attorneys fees, and court costs. 

Relevant Case Law : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) Held that a CRA violates FCRA by failing to ensure maximum possible accuracy and properly reinvestigate disputed information. 

XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) Demonstrated CRA liability for failing to prevent the re-reporting of previously deleted and fraudulent information. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Found that failure to notify a consumer of reinsertion constituted a violation of 611.

This letter and all enclosures have been copied to the Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau ( CFPB ) for regulatory review and enforcement. I have also attached a copy of FCRA 605B in support of my dispute. 

If Experian continues to report this fraudulent account or fails to provide lawful justification for its reinsertion, I will proceed with litigation without further notice. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 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