Consumer complaint received 2024-06-11 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc.
State: TX

Complaint narrative:
Compensation is sought in this complaint. Consumer reporting agencies are required to follow reasonable procedures to ensure credit reports are as accurate as possible under 15 USC 1681e ( b ). Consumer reporting agencies must conduct a reasonable reinvestigation if a consumer disputes the accuracy or completeness of any information contained in a credit report, 15 USC 1681i ( 1 ) ( A ). According to the attached credit report, there are several inaccuracies, including information from Experian that contradicts information from XXXX and XXXX. Under section 1681, inaccurate information means that it is factually inaccurate, as determined by the court in XXXX XXXX XXXX XXXX XXXX. See Exhibit No 1 ( Credit Report ) My credit report has been intentionally destroyed by Experian, acting illegally as a collection agency for predatory lenders, and maliciously violating the FCRA and Military Lending Act 10 USC 987 by purposely destroying my credit report. Specifically, this complaint seeks {$1000.00} per violation under 15 U.S. Code 1681n. Additionally, Experian has failed to act on a valid report of alleged identity theft. In order to protect companies such as XXXX XXXX XXXX XXXX XXXX XXXX XXXX Experian cites an erroneous rule of law. Using my Personal Identifying Information, XXXX XXXX and Upstart fraudulently claimed I had been lent money by XXXX XXXX XXXX XXXX XXXX. To conceal that they were illegally making loans without a chartered bank license, these two companies digitally signed the disclosures themselves and placed XXXXXXXX XXXX and XXXX XXXXXXXX XXXX names on the TIL. In violation of MLA 10 USC 987, the two companies signed the fraudulent documents themselves in order to conceal the disclosures. In their XX/XX/XXXX pleading to the CFPB, XXXX admits they were the predatory lender, but the TIL lists another bank 's name, which is a result of me contacting these banks, and verifying they did not make a loan to me XXXX XXXX XXXX were fraudulently placing their name on the TIL to conceal their illegal action then digitally signed the documents themselves. See Exhibit No XXXX Updated Identity Theft Affidavit. 

XXXX XXXX XXXX XXXX XXXX  According to Experian, all disputes on this account are sent back to the creditor for verification in violation of the FCRA and applicable case law. It is well settled in, XXXX XXXX Experian Info. SolutionsXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX that Experian 's reinvestigation was negligent when it disregarded information the consumer provided and instead relied solely on the furnisher to verify the debt ) There have been numerous disputes regarding this account with Experian. Under CFPB oversight, XXXX XXXX lied, and said I wasn't a covered member under the Military Lending Act. Due to the possibility of being charged with a crime for willful violations of the Military lending act, XXXX XXXX gambled and lied. See Exhibit No 3 ( XXXX XXXX response to the CFPB ) Comptroller of the Currency disagrees with XXXX XXXXXXXX XXXX  ideology, since I received a check for {$3200.00} from XXXX XXXX XXXX XXXX XXXX XXXX See Exhibit No. See exhibit 3 actual XXXX XXXX check for the violation. Accordingly, the MAPR calculator or in this case a check is the indisputable evidence that the Military Lending Act was violated. To protect active-duty service members and their families, Congress declared that any violation of the MLA renders that loan void from inception. 10 U.S.C. 987 ( f ) ( 3 ) Additional Violations 1. Monthly payment is reporting incorrectly MLA requires the promissory note or contract Void, all illegal payments returned, and if there is a balance the Service Member is required to pay it back at a 0 % interest rate. All illegal payment were returned to me. 
2. With all illegal payments returned to me there is no late payment on a voided contract. Experian is reporting a late payment but had the opportunity to conduct a proper investigation but decided they would ignore applicable law, 3. XXXX XXXX word is proven to be uncreditable as they have lied to the CFPB and the OCC. Since they have paid almost twice the value of the credit card the original contract is void from inception, Congress declared that any violation of the MLA renders that loan void from inception. 10 U.S.C. 987 ( f ) ( 3 ) the account must be deleted from my credit report, as a matter of law. 

XXXX XXXX XXXX XXXX XXXX Identity theft was used to obtain this account. I filed the FTC report on XX/XX/XXXX, and sent it to Experian, who denied the report as unauthentic. By disregarding the law, Experian erred. Through XXXX XXXX 's incriminating pleading to the CFPB, they unmindfully admit to maliciously participating in predatory lending. The response from XXXX XXXX provides the CFPB with inaccurate calculations of the Military Annual Percentage Rate, even though I provided them with the MAPR calculator. See Exhibit No 5 ( XXXX XXXX Response to the CFPB ) This loan exceeds the MAPR cap of 36 % as a matter of law the account is legally deficient and void in its inception, 10 U.S.C. 987 ( f ) ( 3 ). In XXXX XXXX XX/XX/XXXX, response to the CFPB XXXX misrepresent the MAPR by stating the XXXX and XXXX is the same XXXX articulate the XXXX as 34.48 % see Exhibit XXXX ( TILA, and XXXX ). XXXX Fails to include the {$160.00} identified on the XXXX Bank XXXX labeled as Loan Origination Fee/Prepaid Finance Charge ( Paid to Lender ) when loaded into the MAPR calculator the MAPR is 39.722 % See Exhibit No XXXX. XXXX admits in their pleadings there were rollover payments which requires a fee, rollover are illegal under 10 U.S.C. 987 ( b ), ( c ), ( XXXX ) ( XXXX ) ( XXXX ) ( XXXX ) ( XXXX ). This loan was already legally deficient and void from its inception. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX  rolled over three payments at a {$19.00} fee for each payment {$19.00} XXXX XXXX XXXX {$58.00} + {$160.00} = {$210.00}, this rollover also extends the terms to 63 months when loaded into the MAPR calculator the MAPR is 42.499 %. See Exhibit No XXXX. Violation of the Military lending Act Also violates Regulation Z. The contract states XXXX Bank issued the loan. XXXX XXXX allege they issued the loan, I spoke with XXXXXXXX XXXX who stated they did not issue me a loan through XXXX and did not have any information in their system that identifies me as a borrower. 
XXXX XXXXXXXX XXXX XXXX  XXXX In XXXX XXXX XX/XX/XXXX pleading to the CFPB they again admits to the charges but again fails to calculate the fees into the MAPR. XXXX calculates the XXXX as 30.74 % XXXX. Exhibit No XXXX when the {$330.00} identified on the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Paid to Lender ) is loaded into the MAPR calculator the MAPR is 35.925 %, see exhibit No 10 ( MAPR ) with no room for error of the MLA 36 % cap XXXX rollover three payments in XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX each rollover payment required a {$66.00} fee, which extends the contract for XXXX additional months {$66.00} x XXXX = {$190.00} + XXXX and a three-month extension to recapture the rollover payment. All costs of a loan are calculated within the MAPR when loaded into the MAPR calculator the MAPR is 42.557 % See Exhibit XXXX XXXX XXXXollover MAPR XXXX XXXX Account No. XXXX This is a credit card under an open-end credit plan the APR is 30.707 % ( See exhibit 12 TIL and APR. XXXX XXXX XXXX XXXX XXXX XXXX XXXX rolled over XXXX payments at a fee of {$34.00} a month equals {$100.00} to rollover the three-month extension when loaded into the MAPR calculator the MAPR is 42.194 % see exhibit XXXX XXXX XXXX XXXX XXXX XXXX XXXX This is a credit card under an open-end credit plan the APR is XXXX see exhibit No. XXXX. XXXX, XXXX, XX/XX/XXXX XXXX  rolled over three payments with a {$61.00} fee for each payment which equals {$180.00} with the Three-month extension loaded into the MAPR calculator the MAPR is 39.502 % See Exhibit No 15 Additional Violations acct # XXXX XXXX, account comment incorrect, I rightfully reported this account as Identity theft and predatory lending violation of 10 USC 987 Military Lending Act.

2. 30 late payments, Experian violated 15 U.S.C. 1681i ( a ) by willfully and negligently failing to conduct a proper and reasonable reinvestigation of allegedly illegal and inaccurate information. 
Acct XXXX XXXX XXXX, account comment incorrect, I rightfully reported this account as Identity theft and predatory lending violation of 10 USC 987 Military Lending Act.

4. 30 day late payments, Experian violated 15 U.S.C. 1681i ( a ) by willfully and negligently failing to conduct a proper and reasonable reinvestigation of allegedly illegal and inaccurate information. 
Acct # XXXX XXXX. Account type detail incorrect- account is a credit card with an open end credit plan Acct # XXXX XXXX. Account type- detail incorrect, account is a credit card with an open-end credit plan 2. Comments incorrect 3. Account shows a 30 day late payment in violation of 15 USC 1666b, A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 

XXXX AccXXXX XXXX XXXX My copy of the check XXXX paid for their violations has been submitted to Experian as indisputable proof that this account violates the MLA. In Experian 's case, the creditor allegedly verified the information was valid, 10 U.S.C. 987 ( f ) ( 3 ), the law, says any violation of the MLA voids the contract or promissory note in its inception. In violation of applicable law, Experian can not legally report an account as accurate, when the account violates regulation Z., Congress enacted the law that declare the account void from the start. After XXXX has already paid {$9200.00}, which is all the payments made for the legally voided account. Now, as a direct and proximate cause of XXXX violations and malicious damage to my credit report. In accordance with 10 U.S.C. 987 ( f ) ( 5 ) ( A ), I am entitled to actual damages of not less than {$500.00} for each separate violation, thats every illegal payment made, and the illegal late payments on my credit report. The Office of the Comptroller of the Currency OCC, which oversees National Bank with violations of the MLA, will receive my complaint for compensation if Experian continues to violate the law, and do not immediately remove the late payments. For willful violations of the MLA, a creditor is required to pay not less than {$500.00} per violation, thats every illegal payment made plus restitution, as well as the malicious late payment to my credit report. XXXX and Experian could either remove the illegal late payments or pay an additional {$37000.00} for maliciously continuing to violate the MLA. See Exhibit XXXX XXXX XXXX XXXX XXXX XXXX XXXX  This account was reported by me as Identity Theft, and just like XXXX  the creditor who Upstart alleges finance the loan XXXX XXXX have no recollection of ever loaning me any funds and have no information in their system stating I borrowed funds from them. 
This account violates the MLA. The APR on the TILA is 28.394 %. Upstart fails to add the {$280.00} identified as XXXX XXXX XXXX XXXX XXXX XXXX XXXX  when added into the MAPR calculator the MAPR is 64.38 % 10 USC 987 caps the MAPR at 36 %. See Exhibit See Exhibit XXXX XXXX and XXXX XXXX has refused to refund all illegal payments made and continues to report the account being accurate. The lawsuit is pending as I am constructing the complaint for XXXX and XXXX for maliciously violating the MLA, and Identity Theft. The complaints will be completed within the next two weeks and served to XXXX and XXXX and submitted to Federal Court to be tried by a Jury. Experian must immediately remove the fraudulent illegal accounts from my credit report. 
XXXX XXXXXXXX XXXXXXXX XXXX XXXX This account has multiple violations. 
XXXX. Monthly payment has XXXX. 
XXXX. Date open is incorrect. 
XXXX. Reports as 30 days late 4. Reports as dispute resolved. 
XXXX loan document verifies the loan was open on XX/XX/XXXX, and the loan was paid off on XX/XX/XXXX, being the loan was opened on XX/XX/XXXX with monthly payments the loan would have been due for the XXXX payment on XX/XX/XXXX. XXXX document verifies the loan was paid off on XX/XX/XXXX that make it impossible to have been late for XXXX, if the loan was paid off weeks before the XXXX payment was even due. Experian shows no record of a payment history. Despite the account being disputed at least 4 times. See Exhibit 18 XXXXXXXX XXXX XXXX XXXXXXXX XXXX Experian Info. Servs.XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  held that " the plain language of Section 1681n and Section 1681o when read in conjunction with Section 1681s-2, expressly provides a consumer remedy for violation by a furnisher of credit information of the obligations imposed under 15 U.S.C. 1681s-2 ( b ). '' In this case " after receiving the 'notice of dispute ' from Experian, '' malicious, and recklessly continued to report " the false, negative and inaccurate information into them my report '' in violation of FCRA, MLA , and applicable case law see XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Here Experian has intentionally violated its mandate and my rights, the attached exhibit demonstrates a disregard for applicable law for their own financial gain. See, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( Holding that a plaintiff must show " that something in his credit report was inaccurate, or at least misleading, to show that the defendant 's procedures were unreasonable under 15 U.S.C. 1681e ( b ) or that the defendants failed to reasonably reinvestigate under 15 U.S.C. 1681i '' ) Also see XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Holding that the FCRA " provides a private cause of action only if the furnisher received notice from a consumer reporting agency, as opposed to the plaintiff alone, that the credit information was disputed '' See, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) XXXX that 1681s-2 ( b ) creates " a cause of action for a consumer against a furnisher of credit information. 
Experian egregious actions of willful destruction of my credit report, in addition the tirade of violation, also violates 5 U.S. Code 552a - Records maintained on individuals. 
the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying assigned to the individual. 
fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual.

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 non-monetary relief