Consumer complaint received 2025-04-04 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc.
State: MD

Complaint narrative:
To : Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX XXXX, DC XXXX Re : Formal Complaint Improper Credit Reporting of Late Payments by XXXX XXXX XXXX XXXX XXXX Dear CFPB Representative, I am writing to file a formal complaint against XXXX XXXX XXXX XXXX XXXX regarding two 30-day late payments ( reported for XX/XX/XXXX and XX/XX/XXXX ) on my XXXX XXXX credit card account. I respectfully request the CFPBs assistance in having these late payment notations removed from my credit reports. I believe these derogatory marks were reported under grossly unfair circumstances, given my extreme medical hardship at the time and misinformation provided to me by XXXX XXXX own employees. 

Background and Hardship : From XX/XX/XXXX through XX/XX/XXXX, I was critically ill and unable to manage my finances. I spent an extended period in the hospital, including time in the ICU, followed by psychiatric hospitalization due to the severity of my illness. During this period, I completely lost access to my XXXX XXXX accounts and credit cards I was physically and mentally incapacitated and unable to log in or make payments. A family member attempted to assist with my finances during my XXXX, but they were unable to effectively manage my XXXX XXXX credit card account. As a result of this extraordinary situation, the payments due on my XXXX XXXX credit card in XX/XX/XXXX and XX/XX/XXXX were missed. 

I recovered enough to regain access to my accounts in XX/XX/XXXX. As soon as I was able, I contacted XXXX XXXX to explain the situation and catch up on my obligations. In a phone call in XXXX, I spoke with an XXXX XXXX employee named XXXX. I explained that my hospitalization caused the missed payments and that I was ready to make things right. XXXX explicitly told me not to worry about the late payments, assuring me that the matter would be handled and that he would take care of the situation. I took XXXX at his word and believed the issue was being resolved appropriately. 

However, despite these assurances, I later discovered that XXXX XXXX had reported 30-day delinquencies for XXXX and XX/XX/XXXX on my credit reports. My credit report now shows two damaging late-payment entries, which has significantly hurt my credit score. These negative marks appeared even though I had acted in good faith and relied on the information given by XXXX XXXX representative. 

Naturally, I contacted XXXX XXXX again to dispute these late payments and seek their removal given the circumstances. In XX/XX/XXXX, I spoke with a supervisor named XXXX XXXX ( XXXX, phone : XXXX ). XXXX informed me that she had reviewed the recording of my call with XXXX. She acknowledged that I was given incorrect information by their employee effectively confirming that I was misled regarding the late payments. XXXX conceded that XXXX did tell me not to worry about the payments being late and indicated it would be taken care of, which is exactly what I relayed. Despite this acknowledgment of the banks error, XXXX refused my request to remove the late payments from my credit reports. She stated that, as a matter of policy, XXXX XXXX would still report the factual late payments and would not make a goodwill adjustment or correction, even though she recognized that I had been misled by their staff. This response was extremely disappointing and, I believe, highly unfair under the circumstances. 

Basis for Dispute Fair Credit Reporting and Consumer Protection : I contend that XXXX XXXX reporting of these late payments is unjust and not in line with the spirit of consumer protection laws. The Fair Credit Reporting Act ( FCRA ) exists to ensure that credit reporting is conducted fairly and accurately, with due regard for the consumers circumstances. Under the FCRA, I have the right to dispute information on my credit report that I believe is inaccurate or incomplete, and data furnishers ( like XXXXXXXX XXXX  ) are obligated to investigate and correct information that is wrong or misleading. In this case, while it is true that payments were late due to my XXXX, the context in which these payments were missed is so extraordinary that reporting them as standard delinquencies is misleading to anyone reviewing my credit report. A potential creditor reviewing my report sees only a borrower who missed two payments, not the life-threatening medical crisis that caused it, nor the fact that XXXX XXXX own agent told me not to worry and implied there would be no negative fallout. 

Crucially, XXXX XXXX knows that the situation was not a normal case of neglect or willful nonpayment. Their supervisor XXXX XXXX explicitly acknowledged that I was misled by their employee about the handling of the late payments. Thus, at this point XXXX XXXX has reason to believe that the credit reporting of these items is at best incomplete and unfair. Under the FCRA, furnishers are prohibited from reporting information they know or have reasonable cause to believe is inaccurate. Even if the late payment notation is technically accurate in a strict sense, it is inaccurate or incomplete to the extent that it creates a materially misleading impression of my creditworthiness. Courts have held that credit report information can be deemed inaccurate if it is misleading in such a way and to such an extent that it can be expected to adversely affect credit decisions. I submit that reporting these two late payments without any qualification after the lenders agent told me not to worry is materially misleading by omission. 

CARES Act Analogy and CFPB Guidance : I would also like to draw an analogy to the treatment of consumers under the CARES Act during the COVID-19 pandemic. The CARES Act amended the FCRA to require that when a lender makes an accommodation for a consumer affected by XXXX, the lender must continue to report the account as current for the duration of the accommodation. These provisions were temporary, but they illustrate an important principle endorsed by Congress : consumers who seek and are granted relief in times of crisis should not have their credit ruined because of it.

In my case, while my hardship was due to a personal medical emergency rather than COVID-19, the principle is the same. I proactively reached out to my lender to explain my hardship and sought assistance, and I was effectively promised an accommodation or relief ( Marks assurance that I need not worry and that it would be handled ). This was not honored in practice. The CFPB has encouraged lenders to voluntarily provide payment relief to struggling consumers and to report such accommodations accurately to credit bureaus. XXXX XXXX actions in my case run contrary to this guidance. Instead of providing meaningful relief or at least refraining from harmful reporting, they effectively penalized me for a situation I could not control, despite initially indicating they would help. 

Furthermore, the situation raises concerns under the CFPBs mandate to prevent unfair or deceptive acts or practices. It is deceptive to reassure a customer that everything is fine and will be taken care of, only to then report negative information that the customer could have tried to address had they not been misled. It is also unfair to refuse to correct that action after acknowledging the mistake. The FCRAs emphasis on fairness and the requirement of maximum possible accuracy in credit reporting support the view that these late payment entries should be removed in light of the full context.

Request for Relief : I am asking the CFPB to assist me in getting these two late payments removed from my credit reports ( Experian, XXXX, and XXXX ). Specifically, I request that XXXX XXXX delete the 30-day late notations for XX/XX/XXXX and XX/XX/XXXX on my credit card account, or alternatively, mark those months as current as though a hardship accommodation had been in place. This adjustment would be a fair resolution given the circumstances : I had a legitimate, documented medical emergency and I was told by the creditors representative that I would not suffer credit harm as a result. I have since fully paid any past due amounts on the account ( and currently the account is in good standing with a XXXX balance ). There is no ongoing delinquency only the stain of these two reported late payments, which is the only aspect of this ordeal that continues to hurt me. 

I have attached a copy of the audio recording between myself and XXXX XXXX XXXX that supports this account and corroborates my statements. 

In summary, I am a responsible consumer who encountered an overwhelming, unforeseeable medical emergency. I did everything I could under the circumstances and as soon as I recovered, I reached out and followed the guidance given to me by the lender. Yet, I ended up with serious credit report damage that could have been avoided if XXXX XXXX had either given me correct information or simply exercised compassion by honoring their employees promise. The presence of these late payments on my credit report is highly misleading and prejudicial, given that they resulted directly from critical illness and a breakdown in proper communication by the lender. 

Conclusion : Thank you for taking the time to consider my complaint. I am hopeful that the CFPBs involvement will encourage XXXX XXXX to re-evaluate this matter and remove the two late payments, correcting my credit report to accurately and fairly reflect my creditworthiness. I appreciate any assistance you can provide in facilitating a resolution. If any additional information is required, I am ready to provide it. You may contact me at the phone number or email listed above. I look forward to a favorable resolution that upholds the principles of fairness and accuracy in credit reporting. 

Sincerely, XXXX XXXX Email : XXXX Phone number : 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