Consumer complaint received 2024-12-11 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:
XXXX XXXX XXXX XXXX XXXX XXXX GA XXXX XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX, IA XXXX Subject : Formal Complaint Regarding Improper Handling of Dispute, Misreporting of Past-Due Balances, and Duplicate Reporting by XXXX  XXXXXXXX XXXX  Dear Sir/Madam , I am writing to formally complain about a violation of my consumer rights under the Fair Credit Reporting Act ( FCRA ) by Experian. After disputing a collection account reported by this entity, I discovered that no proper investigation was conducted. Instead, the account was updated to include a past-due balance, inaccurately reflecting the account as open and actively delinquent.

This reporting practice is inconsistent with FCRA requirements and legal precedents that emphasize the accuracy and completeness of credit reporting. 

Details of the Issue XXXX. Account Information : XXXXXXXX XXXX ( XXXX accounts, same number listed on my report, ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX : Date of my original dispute : XX/XX/XXXX Date of response/update : XX/XX/XXXX XXXX. Violation of FCRA and Credit Reporting Guidelines : FCRA Section 1681s-2 ( b ) : This section mandates that furnishers of information ( creditors and collection agencies ) conduct a proper investigation upon receiving a consumer dispute. Updating the account with incorrect information without investigating violates this provision. 
FTC Advisory Opinion ( XX/XX/XXXX ) : The Federal Trade Commission ( FTC ) has noted that collection accounts are not open accounts and, therefore, should not reflect ongoing past due balances. Reporting such balances misrepresents the nature of the account and creates a misleading credit profile. 

XXXX. Duplicate Reporting of the Same Account XXXX XXXXXXXX XXXX has reported the same collection account twice on my credit report. Both entries have : The same balance. 
The same account number. 
Identical account details. 

This duplicate reporting artificially inflates my debt and further damages my credit score, which is both inaccurate and unfair. 

Relevant Legal Precedents 1. Hogue v. Palisades Collection, LLC, 494 F. Supp. 2d 1043 ( S.D. Iowa 2007 ) : This case highlights that reporting inaccurate or misleading information about a consumers credit violates the FCRA and creates actionable harm.

2. Saunders v. Branch Banking & Trust Co., 526 F.3d 142 ( 4th Cir. 2008 ) : The court ruled that creditors and furnishers must ensure the accuracy of reported information and investigate disputes thoroughly. Failing to do so can result in liability under the FCRA.

3. Dalton v. Capital Associated Industries , Inc., 257 F.3d 409 ( 4th Cir. 2001 ) : This case established that credit reporting agencies and furnishers must take reasonable steps to ensure the accuracy of their information.

Request for Resolution I respectfully request the following : 1. Immediate removal or correction of inaccurate information, particularly the past due balance, as it does not align with the nature of a collection account.

Supporting Documents I have attached copies of the following : Response received from the collection agency/credit bureau Copies of my credit report showing the inaccurate reporting.

Impact on Me This inaccurate and misleading reporting has caused unnecessary damage to my credit score, hindering my ability to refinance my mortgage.

I trust the CFPB will take appropriate action to ensure compliance with FCRA regulations and address this issue. I also request that the CFPB investigate the practice of reporting past-due balances on collection accounts, which is inherently misleading and not reflective of their closed status. 

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

Sincerely, 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