Consumer complaint received 2024-12-16 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:
Request to delete XXXX account from my credit report due to identity theft. Identity theft affidavit is attached in the files submitted. Notice of intent to sue. 

Experian Dispute Department Subject : Notice of Intent to Sue for Violations of the Fair Credit Reporting Act Dear Experian Dispute Department, I am writing to formally notify you of my intent to file a lawsuit against Experian for violations of my rights under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., if the following issues are not resolved within 24 hours. 

Summary of the Issue I have repeatedly requested that you block, remove, and permanently delete the XXXX account from my credit report due to identity theft. I submitted an identity theft report, as required under 15 U.S.C. 1681c-2, which mandates that consumer reporting agencies block information in a consumer 's file resulting from identity theft within four business days of receiving the following : Appropriate proof of the identity of the consumer ; A copy of an identity theft report ; Identification of the fraudulent information ; and A statement that the information does not relate to any transaction by the consumer. 
Despite providing these materials, you have failed to take the required action. Your refusal to block and delete this account is a clear violation of the FCRA, specifically 15 U.S.C. 1681c-2 ( a ). Non-compliance with this provision exposes Experian to penalties and damages, including statutory, actual, and punitive damages under 15 U.S.C. 1681n for willful violations and 15 U.S.C. 1681o for negligent violations.

Additional Violations Consumer Demographics Mismatch : The address associated with the XXXX account is not mine and is not listed on my credit report. Under 15 U.S.C. 1681e ( b ), Experian is required to follow reasonable procedures to ensure maximum accuracy of the information it reports. Reporting an account with mismatched demographics is a failure to meet this standard and constitutes a violation of the law.

Reporting Written-Off Debt : The XXXX account is reported as written off. When a creditor claims a tax write-off for a debt, it no longer has a legal right to collect on that debt. Continuing to report such a debt as outstanding is both inaccurate and misleading, violating 15 U.S.C. 1681s-2 ( b ), which mandates that furnishers and credit reporting agencies ensure the accuracy of reported information.

Demand for Resolution I demand that the XXXX account be blocked, removed, and permanently deleted from my credit report immediately. Failure to do so within 24 hours of receipt of this letter will result in my filing a lawsuit against Experian to enforce my rights under the FCRA. I will seek damages for your violations, including but not limited to : Statutory damages ; Actual damages, including harm to my credit and emotional distress ; Punitive damages for willful violations ; and Attorneys ' fees and costs, as provided by 15 U.S.C. 1681n and 15 U.S.C. 1681o.

Preservation of Records Please preserve all records, communications, and documentation related to this matter, as they will be subject to discovery in litigation.

This is your final opportunity to address this issue amicably. If no action is taken, I will pursue all legal remedies available to me without further notice. 

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