Consumer complaint received 2024-12-06 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:
Dear Consumer Financial Protection Bureau, This complaint builds on my prior CFPB Complaint No. XXXX, filed against Experian for inaccurately reporting an account ( XXXX ) on my credit report. Despite Experians claim that the account was verified as accurate, the account has since been removed from my credit report, as reflected in my updated report dated XX/XX/XXXX. 

The removal confirms that the account was inaccurately reported and tied to identity theft, as indicated by the ID Fraud Victim Alert on my credit file. Despite this, Experian failed to act promptly to investigate my dispute and properly handle my identity theft claim. These failures demonstrate systematic noncompliance with the Fair Credit Reporting Act ( FCRA ) and have caused significant financial and emotional harm. I request CFPB interve
ntion to ensure Experians compliance, address the systemic issues at hand, and secure monetary relief for damages caused by their negligence and willful violations of federal law.

Systematic Issues and Noncompliance 1. Failure to Block Information Resulting from Identity Theft ( FCRA, 15 U.S.C. 1681c-2 ) : Under the FCRA, Experian is required to block information resulting from identity theft upon receipt of appropriate evidence. Despite my ID Fraud Victim Alert and dispute, Experian delayed removing the account and has yet to confirm that the account has been permanently blocked as required.

Legal Precedent : In Anderson v. Experian ( 2017 ), the court ruled that CRAs must handle identity theft disputes with due diligence and prioritize consumer rights.

2. Failure to Conduct a Reasonable Reinvestigation ( FCRA, 15 U.S.C. 1681i ) : Experian failed to conduct a reasonable reinvestigation during my initial dispute. Instead, they verified inaccurate information, which was later removed, underscoring flaws in their investigative process.

Legal Precedent : In Losch v. Experian Information Solutions , Inc. ( 2021 ), the Eleventh Circuit emphasized that CRAs must ensure thorough and accurate reinvestigations when consumers dispute information.

3. Failure to Correct or Delete Inaccurate Information ( FCRA, 15 U.S.C. 1681i ( a ) ( 5 ) ) : Experian failed to promptly correct or delete inaccurate information, causing prolonged harm to my creditworthiness.

Legal Precedent : In Crabtree v. Experian Information Solutions , Inc. ( 2020 ), the court ruled that CRAs must act swiftly to address inaccuracies, given the significant impact on consumers.

4. Failure to Prevent Re-Reporting of Blocked Information ( FCRA, 15 U.S.C. 1681c-2 ( c ) ) : The FCRA prohibits the re-reporting of blocked information
tied to identity theft. Experians delay and failure to confirm permanent blocking of thi

s account leave me concerned about future violations.

5. Willful and Negligent Noncompliance ( FCRA, 15 U.S.C. 1681n and 1681o )
: Experians refusal to acknowledge identity theft and their verification of inaccurate information constitute willful violations, entitling me to statutory and actual damages.

Legal Precedent : In Younger v. Experian Information Solutions , Inc. ( 2020 ), the Eleventh Circuit upheld compensatory damages for Experians negligence in handling disputes and its impact on consumers.

6. Failure to Notify of Disputed Status ( FCRA, 15 U.S.C. 1681c ( f ) ) : Experian failed to mark the disputed account as such during the investigation, violating FCRA requirements and misleading creditors about the accounts legitimacy.

Systematic Failures Experians handling of this matter is indicative of broader issues within their dispute resolution and identity theft processes, including : Lack of Proper Dispute Handling Procedures : Their initial verification of inaccurate information highlights gaps in their reinvestigation procedures.

Delays in Resolving Identity Theft Claims : The delay in removing the account caused prolonged financial and emotional harm.

Failure to Prevent Harm from Re-Reporting : Experians lack of confirmation regarding permanent blocking raises concerns about the risk of future harm to my credit file.

These systematic failures warrant CFPB oversight and intervention to ensure Experians compliance with federal law and to protect other consumers from similar harm.

Harm Caused Experians failures resulted in significant harm, including : Financial Harm : Denial of credit applications, higher interest rates, and missed opportunities due to an inaccurately lowered credit score.

Emotional Distress : Anxiety, frustration, and reputational damage caused by Experians negligence.

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