Consumer complaint received 2024-12-06 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc.
State: IN

Complaint narrative:
I HAVE A BANKRUPTCY THAT DO NOT BELONG TO ME REPORTING ON MY CREDIT, I HAVE NEVER FILED BANKRUPTCY OR ATTEMPTED TO FILE BANKRUPTCY, THERE ARE NO ACCOUNTS ON MY CREDIT CONNECTED TO A BANKRUPTCY, I REACHED OUT TO THE COURT HOUSE WHERE IT CAME FROM AND THEY COULD NOT VERIFY THE ACCOUNT SO HOW ARE YOU VERIFYING THIS ACCOUNT THAT DO NOT BELONG ME?! ALSO THIS IS FILED IN A STATE THAT I DONT LIVE IN!!!! 

I ASKED FOR WHAT WAS USED TO VERIFY THE ACCOUNT I NEVER RECEIVED THE INFORMATION, XXXX AND XXXX HAS ALREADY REMOVED THIS FRAUDULENT ACCOUNT I ASK THAT YOU DO THE SAME Please be advised that this is my 3 rd WRITTEN REQUEST AND FINAL WARNING that I fully intend to pursue litigation in accordance with the FCRA to enforce my right and seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your continued willful and negligent noncompliance.

Despite my previous 2 written requests, the unverified items listed below still remain on my credit report in violation of Federal Law. You stated in your responses to my 2 dispute letters that you have verified that the items listed below are accurate, but you failed to send me copies of the documents that you used to verify these accounts as per my request. The fact that you have ignored my request to send me copies of that of the documents that you used to verify the disputed accounts like you said you did. Your failure to delete the disputed accounts that you can not verify after 2 written requests is also evidence of your Willful disregard of Federal Law.

When we go through the discovery process you will be required to produce these documents along with an affidavit swearing under oath that these are the true and correct documents that you used to verify the disputed accounts. The fact that you do not have any of the said documents in your files is proof that you did not properly verify the accounts within 30 days as required by law and Court will order you to delete them.

You say that you have reinvestigated these accounts but you have admitted that all you have done is parroted information given to you by other sources and shifted the burden back to me to contact the original creditor to verify these accounts which is clearly in violation in violation of 1681 { a } { 4 }.

I also asked you to give me the name of the person in your company who verified the accuracy of these accounts but you ignored this request as well which is another violation of Federal Law and evidence of your willful disregard of the law.

Please be advised that under Section 611 { 5 } { A } of the FCRA-you are required to .PROMPTLY DELETE ALL INFORMATION WHICH CAN NOT BE VERIFIED. I request that you do this immediately.

The law is very clear as to the Civil liability and remedy available to me { Section 616 & amp ; 617 } if you fail to comply with Federal Law. I am a litigious consumer and fully intend on fully intend on pursuing litigation in this matter to enforce my rights under the FCRA.

I DEMAND THAT YOU DELETE ALL OF THE ACCOUNTS LISTED BELOW IMMEDIATELY. PLEASE PROVIDE ME WITH A COPY OF AN UPDATED AND CORRECTED CREDIT REPORT SHOWING THAT THESE HAVE BEEN DELETED.

US BANKRUPTCY Record details Record type Chapter XXXX bankruptcy dismissed Date filed XX/XX/XXXX Date resolved XX/XX/XXXX Responsibility Individual Reference number XXXX XXXX XXXX XXXX XXXX XXXX Address XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX Phone number ( XXXX ) XXXX All furnishers of consumer reports must comply with all applicable regulations, including regulations promulgated after this notice was first prescribed in XXXX. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau 's website, consumerfinance.gov/learnmore. 
NOTICE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies ( CRAs ). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance.

The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection 's website at consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document.

Section 623 imposes the following duties : Accuracy Guidelines The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be available at consumerfinance.gov/learnmore when they are issued. Section 623 ( e ).

General Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623 ( a ) ( 1 ) ( A ) and ( a ) ( 1 ) ( C ).

Duty to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623 ( a ) ( 2 ).

Duties After Notice of Dispute from Consumer If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs.

Section 623 ( a ) ( 1 ) ( B ).

If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute.

Section 623 ( a ) ( 3 ).

The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued, furnishers must comply with them and complete an investigation within 30 days ( or 45 days, if the consumer later provides relevant additional information ) unless the dispute is frivolous or irrelevant or comes from a credit repair organization. The CFPB regulations will be available at consumerfinance.gov. Section 623 ( a ) ( 8 ).

Duties After Notice of Dispute from Consumer Reporting Agency If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must : Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623 ( b ) ( 1 ) ( A ) and ( b ) ( 1 ) ( B ).

Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Sections 623 ( b ) ( 1 ) ( C ) and ( b ) ( 1 ) ( D ).

Complete the above steps within 30 days from the date the CRA receives the dispute ( or 45 days, if the consumer later provides relevant additional information to the CRA ). Section 623 ( b ) ( 2 ).

Promptly modify or delete the information, or block its reporting. Section 623 ( b ) ( 1 ) ( E ).

Duty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section 623 ( a ) ( 4 ).

Duty to Report Dates of Delinquencies If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer 's file. Section 623 ( a ) ( 5 ).

Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623 ( a ) ( 5 ) ( until there is a consumer dispute ) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date can not be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623 ( a ) ( 5 ).

Duties of Financial Institutions When Reporting Negative Information Financial institutions that furnish information to nationwide consumer reporting agencies, as defined in Section 603 ( p ), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623 ( a ) ( 7 ). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 1022, App. B.

Duties When Furnishing Medical Information A furnisher whose primary business is providing medical services, products, or devices ( and such furnisher 's agents or assignees ) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623 ( a ) ( 9 ). This notice will enable CRAs to comply with their duties under Section 604 ( g ) when reporting medical information.

Duties when ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623 ( a ) ( 6 ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615 ( f ).

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