Consumer complaint received 2024-11-20 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Personal information incorrect
Company: Experian Information Solutions Inc.
State: OH

Complaint narrative:
Demand for Immediate Removal of Inaccurate Information and Threat of Arbitration for Violation of FCRA and FTC Guidelines Dear XXXX, I am writing to formally demand the immediate removal of inaccurate and outdated information from my credit report that has been unlawfully and inaccurately reported. Specifically, I am referring to certain accounts that have been reported under an address where I have never lived, and where I have never received any mail. This is a direct violation of the Fair Credit Reporting Act ( FCRA ), the Federal Trade Commission ( FTC ) guidelines, and established case law. 

Violation of FCRA and FTC Guidelines Under the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681e ( b ), credit reporting agencies, such as XXXX, are required to ensure that the information they report is accurate and up-to-date. The continued reporting of outdated and incorrect information, including my name being associated with an address I do not reside at, is in direct violation of these provisions. 

Additionally, the FTC guidelines, specifically *FTC Report XXXX XXXX XXXX, at XXXX, mandate that all outdated or inaccurate information be promptly removed from credit reports. The information reported under the incorrect address, which I have never been associated with, is not only inaccurate but also unlawful. According to 15 U.S.C. 1681c, outdated information that is no longer relevant to a consumers credit history must be removed after a specified period ( typically XXXX XXXX for most negative items ). The failure to remove such information is a violation of federal law. 

Legal Precedent and Enforcement of My Rights As established in XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), and reinforced by the FCRA and FTC guidelines, credit reporting agencies are obligated to ensure that all information reported on a consumers credit file is accurate, current, and verifiable. It is not sufficient for a credit reporting agency to passively accept information from a third party ; they must actively verify that the information is correct. 

The FCRA, at 15 U.S.C. 1681i ( a ), also mandates that, upon request by the consumer, the credit reporting agency must promptly investigate and correct any disputed information, including removing outdated or inaccurate data. The failure to investigate and remove this inaccurate information within the required time frame may result in significant legal consequences, as stipulated in the FCRA and 15 U.S.C. 1681n. 

Demand for Immediate Action and Threat of Arbitration In light of the violations of the FCRA, the FTC guidelines, and the above-mentioned case law, I demand the immediate removal of all inaccurate and outdated information reported under my name, particularly any accounts or addresses that are associated with me incorrectly. 

Additionally, I am asserting my right to dispute this information under the FCRA and demand a full and immediate investigation into these discrepancies. If this matter is not resolved promptly, I will initiate arbitration proceedings to seek damages and hold XXXX accountable for failing to comply with the FCRA and FTC regulations. 

Specifically, I will pursue the following actions if this issue is not corrected : 1. Initiating arbitration proceedings to seek damages for the unlawful and inaccurate reporting.

2. Filing formal complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and relevant state agencies.

3. Seeking legal remedies under 15 U.S.C. 1681n for statutory damages as well as actual damages resulting from the inaccurate reporting.

4. Pursuing a private cause of action for non-compliance with FCRA requirements.

Please consider this letter a final demand for the immediate removal of inaccurate and outdated information from my credit file. I will take all necessary legal steps to assert my rights, including the initiation of arbitration proceedings.

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