Consumer complaint received 2025-06-05 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: MO

Complaint narrative:
Formal Statement Regarding Continued Reporting of Fraudulent Account and Final Legal Warning To Whom It May Concern, I am writing to formally express my concern regarding Experians ongoing failure to comply with the Fair Credit Reporting Act ( FCRA ), specifically as it relates to my repeated identity theft notifications and the continued, unlawful reporting of a fraudulent account listed as XXXX XXXX on my credit report. 

To date, I have notified Experian at least nine ( 9 ) times that I am a victim of identity theft. Pursuant to 15 U.S. Code 1681c-2 ( a ) of the FCRA, once a consumer submits proper identity theft documentation, the credit reporting agency ( CRA ) is legally required to block the information from appearing in the credit report within four ( 4 ) business days. This must be done regardless of whether the CRA receives a response from the data furnisher or decides to conduct its own investigation. 

Legal Citation FCRA 1681c-2 ( a ) : A consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as resulting from alleged identity theft, not later than 4 business days after receipt of appropriate identity documentation and a police or FTC report .

I provided all required documentation, including : A police report filed with the XXXX XXXX XXXX Department ; A copy of my FTC Identity Theft Report ; Government-issued ID ( U.S. Passport ) ; Proof of address ( recent utility bill ) ; Documentary evidence from XXXX of XXXX confirming the fraudulent nature of the account. 

Despite this, Experian has failed to remove the account and has not complied with its obligations under 1681c-2 ( a ). Furthermore, Experian can not legally wait for a response from the furnisher or carry out a lengthy investigation before blocking the item. The FTCs interpretation and federal case law, including XXXXXXXX XXXX XXXX make it clear that delaying the block violates the law. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX. XXXX XXXX ) : A credit reporting agency must act on valid identity theft documentation immediately. It may not condition its obligation to block on an internal investigation or furnishers feedback. 

In addition, 15 U.S. Code 1681c-2 ( c ) requires that if Experian believes the block should be rescinded, it must notify me five ( 5 ) business days prior to any re-insertion of the disputed item. This has not occurred.

Your Violations and My Legal Right to Sue As of today, this letter serves as Experians final warning. If the XXXX XXXX account is not permanently removed from my credit report immediately, I will proceed with filing a civil lawsuit in federal court against Experian for at least ten ( 10 ) violations of the FCRA, including : Failure to block fraudulent information within 4 days Continuing to report known fraudulent data Ignoring valid identity theft documentation Failing to notify me of re-insertion Failure to conduct reasonable reinvestigation Willful disregard of FCRA protections Reporting information known to be inaccurate Violating my right to dispute information Causing financial injury and emotional distress Breach of duty of care under consumer law Legal Right to Sue FCRA 1681n and 1681o : 15 U.S.C. 1681n : Willful noncompliance entitles the consumer to actual damages, statutory damages ( up to {$1000.00} per violation ), punitive damages, and attorneys fees. 

15 U.S.C. 1681o : Negligent noncompliance also entitles the consumer to actual damages and legal costs.

Penalties Experian Has Faced for Similar Conduct Experian has faced major penalties for FCRA violations, including : FTC XXXX Experian ( XXXX & XXXX ) : Experian paid millions in fines for misleading credit practices and failing to comply with federal law. 

XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) : While this case involved TransUnion, the Supreme Court upheld a {$60.00} XXXX judgment, reinforcing that credit agencies are liable when consumers are harmed by inaccurate credit reporting. 

Experian has also settled class action lawsuits over similar failures for amounts exceeding {$20.00} XXXX in recent years. 

You are hereby notified that continued noncompliance will leave me no choice but to seek full damages in federal court. The FCRA explicitly gives me the right to pursue this remedy, and I fully intend to exercise it should Experian fail to act immediately. 

Demands I hereby demand that Experian : Immediately block and permanently remove the XXXX XXXX account ; Provide written confirmation of its removal ; Cease all further reporting of this fraudulent account ; Ensure compliance with all provisions of the FCRA going forward. 

Failure to comply will result in the filing of a lawsuit in federal district court for the above-stated violations, including demands for damages, costs, and attorneys ' fees as allowed by law. 

Sincerely, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX Missouri XXXX XXXX XXXX Date : XX/XX/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