Consumer complaint received 2025-06-08 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc.
State: FL

Complaint narrative:
Formal Debt Dispute & Rescission Letter ( TILA & FCRA Violations ) Subject : Formal RESCISSION OF FRAUDULENT VEHICLE CONTRACT DEMAND FOR DEBT DISCHARGE, TITLE RELEASE & CREDIT REPORT DELETION XXXX Auto Loan Account # XXXX To Whom It May Concern, I, XXXX XXXX XXXX XXXX, am writing in my capacity as the legal beneficiary and consumer regarding the above-referenced XXXX Auto Loan. This correspondence serves as both a formal dispute of debt under the Fair Debt Collection Practices Act ( FDCPA ), and a notice of rescission of contract under the Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq., due to material violations, misrepresentations, and fraud in the inducement. 
Upon comprehensive review of the loan documentation and associated disclosures, I have identified the following violations and unlawful practices : ________________________________________ 1. TILA Violations & Right to Rescind ( 15 U.S.C. 1635, 1602 ( u ) ) : Undisclosed and Bundled Finance Charges : The loan agreement contains finance charges, dealer add-ons, or optional insurance products that were not clearly and conspicuously disclosed in the TILA disclosure statement, in violation of 15 U.S.C. 1638 and Regulation Z ( 12 C.F.R. Part 1026 ).

Coercion or Lack of Meaningful Choice : The structure of the agreement and the circumstances under which I entered into the contract indicate constructive duress. I was not adequately informed of my right to decline unnecessary or predatory financial products. 
No Clear Disclosure of XXXX or Total Cost of Credit : The XXXX XXXX have been manipulated or understated through deceptive packaging of fees and charges. 
Failure to Provide Right of Rescission Notice : As required under 15 U.S.C. 1635 ( a ), no meaningful three-day notice of right to rescind was provided at the time of contract.

________________________________________ 2. Securities Fraud & Fiduciary Breach : Failure to credit my certificate of indebtedness to the account constitutes both a securities violation and breach of fiduciary duty. 
Non-delivery of required IRS Form 1099-A by the statutory deadline impairs my ability to report properly to tax authorities and suggests further regulatory noncompliance.

You failed to credit Treasury coupon dividends and failed to reassess or return previous securities used to collateralize this loan, in violation of the Securities Exchange Act of 1934.

Failing to credit my account monthly with the appropriate value or offset from my tendered certificate of indebtedness ; Failing to issue a timely Form 1099-A as required for tax compliance ; Failing to credit Treasury coupon dividends or assign due interest from the held security instrument ; Actively misreporting account status to credit bureaus, including false claims of XXXX, XXXX, and XXXX delinquencies, despite ongoing lawful disputes and account inconsistencies. 
These acts collectively raise credible concerns of securities fraud and misappropriation, specifically the unlawful handling of financial instruments, violation of securities disclosure duties, and suppression of reportable trust activity as defined under XXXX securities law. 
3. Fair Credit Billing and Credit Reporting Violations Under the Fair Credit Billing Act and Electronic Funds Transfer Act, I dispute : The unlawful and erroneous reporting of fraudulent late payments to consumer reporting agencies ; Failure to furnish a legally mandated 1099-A or reconcile tax obligations ; Non-crediting of securities and EFT dividends due under your contractual obligations ; Violations of 15 U.S.C. 1681i ( a ) ( 5 ) for failing to correct, delete, or properly reinvestigate disputed and inaccurate data ; Breaches of 15 U.S.C. 1681s-2, where furnishers are prohibited from reporting information known or reasonably believed to be inaccurate. 
These failures are not minor discrepanciesthey represent systemic violations that have resulted in tangible financial harm, impairing my ability to secure credit and interfering with lawful financial transactions.

________________________________________ 4. FCRA Violations ( 15 U.S.C. 1681 et seq. ) : Reporting of fraudulent late payments and inconsistent account details on my credit report, despite multiple disputes and no verification, violates FCRA 1681i ( a ) ( 5 ) and 1681s-2.

Re-insertion of a previously deleted account without prior notice is a direct violation of FCRA 611 ( a ) ( 5 ) ( B ) and 623.

You have reported knowingly inaccurate or unverifiable data, failing to maintain reasonable procedures to ensure maximum possible accuracy. 
XXXX XXXX. XXXX ( b ) Duty to Ensure Maximum Accuracy 15 U.S.C. 1681i ( a ) ( 5 ) Duty to Delete Unverifiable Information Upon reinvestigation, any item that can not be verified must be promptly deleted. You have failed to do so.

15 U.S.C. 1681i ( a ) ( 7 ) Method of Verification You have failed to provide a description of the procedure used to verify the accuracy of the information, as required.

Metro 2 CDIA Standards As a data furnisher, you are required to report in strict compliance with Metro 2 Format. The inaccurate late payment history violates this standard, rendering the information non-compliant and subject to deletion. 
Reinsertion Without Proper Certification ( FCRA 611 ( b ) ) If this account was previously removed, its reinsertion without proper certification and notice within XXXX business days is unlawful. 
Unlawful Reinsertion Without Required Notice 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) ( FCRA Section 611 ( b ) ) : A deleted item may not be reinserted without certification of accuracy from the furnisher and written notice within XXXX ( XXXX ) business days to the consumer. 
This account was previously removed and subsequently reinserted without notice or certification, making the reinsertion unlawful and further invalidating the accounts legitimacy XXXX_4. Metro 2 Format Violations ( CDIA Guidelines ) The data associated with this account is inconsistent with Metro 2 formatting requirements, which govern how consumer data must be reported. Non-compliant, vague, or unverifiable data must be removed immediately in accordance with FCRA 607 ( b ).

Metro 2 Compliance Failures : o BS-22 ( Past Due Amount ) : Incorrectly reports {$0.00} while simultaneously listing delinquenciescreating a conflict in payment status and past due reporting. 
o XXXX Payment History : Inconsistent sequence of OK and late codes ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ... ), which violates the logical and chronological flow required under XXXX XXXX XXXX and is misleading. 
o XXXX ( Date Opened ) : XX/XX/XXXX You must validate and certify this date in accordance with reporting guidelines. 
o Account XXXX : Currently listed as XXXX ( XXXX ) while listing multiple historical delinquencies with no supporting documentation. 
5.Violation of Permissible Purpose XXXX 15 U.S.C. 1681b : Experian has failed to provide any proof that XXXX XXXX had a permissible purpose to obtain or furnish information on this account. This failure constitutes a material breach of FCRA guidelines. 
6. Demand for Immediate Action : Experian Must Follow Equifaxs Lead Equifax has already deleted this account from their reporting system over XXXX XXXX ago based on the same facts and laws presented here. Experians continued reporting is not only inconsistent with best industry practicesit exposes Experian to liability for willful non-compliance under the FCRA and related regulations Pursuant to XXXX, FCRA, XXXX compliance and applicable state consumer protection laws, I demand the following : 1. Rescind the Loan Contract in Full under 15 U.S.C. 1635 due to failure to disclose material terms and the presence of fraudulent inducement.

2. Cease and Desist All Collection and Reporting Activities related to this account, pending resolution of these legal disputes.

3. Delete All Related Negative Information from my credit reports with all CRAs ( Experian, TransUnion, and Equifax ). 
4. Refund Any Overpaid Amounts and restore to me any securities, coupons, or tax instruments unlawfully withheld. 
5. Provide a Full Accounting and XXXX XXXX of all funds, securities, and credits related to this loan. 
6. Discharge of XXXX and Account XXXX 1. Immediate zeroing of all balances, fees, and interest due under the above-referenced account ; 2. Full deletion of inaccurate late payment marks from all consumer credit bureaus ; 3. An updated account status marked as " Pays as Agreed '' or equivalent ; 7. Restitution of Securities and Dividend Payments 1. Return and/or reassignment of all securities and dividends historically withheld or misdirected ; 2. Reallocation of all historical dividends and interest to my XXXX Account ( # XXXX, Routing # XXXX ) ; 8. Issuance of 1099-A and Legal Compliance Documentation 1. Furnish Form 1099-A retroactively and going forward as required by law ; 2. Provide written acknowledgment of compliance with all federal financial and securities reporting requirements ; 9. Comprehensive Internal Investigation and Report 1. Conduct a formal audit and investigation into these matters ; 2. Provide a written summary of findings, including steps to prevent further violations ; 10. Good Faith Resolution to Avoid Litigation 1. Failure to respond and comply in full within the statutory period will result in legal escalation, including but not limited to arbitration, formal complaints to the SEC, CFPB, and FTC, and pursuit of all remedies under U.S. securities and consumer law.

I am entitled to civil relief under the following : 11. 15 U.S.C. 1681n For willful noncompliance, I may recover actual damages, statutory damages ( {$100.00} {$1000.00} per violation ), punitive damages, and legal costs.

12. 15 U.S.C. 1681o For negligent noncompliance, I may recover actual damages and legal fees.

13. 15 U.S.C. 1692k For additional damages if the account was reported or collected under false pretenses 7. Trustee Notification Be advised that identical documentation, including copies of my endorsed certificate of indebtedness and related instruments, has been sent to your indentured trustee, XXXX Bank, for further review and escrow evaluation. They are under notice of the securities implications herein and are expected to conduct their fiduciary oversight accordingly. 
________________________________________ Final Warning and Reservation of Rights This letter serves as a prima facie case of violation and is intended to preserve my rights under the aforementioned statutes. Any further delay, retaliation, or misreporting will be construed as bad faith and breach of fiduciary duty, and will be met with an appropriate legal response. 
I reserve the right to pursue civil and regulatory remedies, including but not limited to monetary damages, injunctive relief, and punitive sanctions, as authorized by federal law. All communications going forward must be in writing and sent to the address listed below. 

Failure to comply within XXXX XXXX of receipt will result in immediate escalation to the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), Securities and Exchange Commission ( SEC ), and the Office of the Comptroller of the Currency ( XXXX ). Legal action, including arbitration or civil claims, XXXX also be pursued. 
Respectfully, XXXX XXXX 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