Consumer complaint received 2025-11-09 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: FL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXTo:\nExperian\nAttn: Consumer Dispute Department\n[\n\n\nSubject: Demand for Removal of Improper Late Payment Reporting  FCRA & RESPA Violations\nLoan No.: XXXX XXXX XXXX XXXX XXXX XXXX XXXX Background\n\nI am writing to formally dispute and demand removal of inaccurate credit reporting on my Experian credit file related to my mortgage with Selene Finance. My credit report currently shows XXXX  days late for XXXX  through XXXX  XXXX, which is factually incorrect and violates federal law.\n\nDuring this period, I submitted multiple Qualified Written Requests (QWRs) and Notices of Error under 12 CFR 1024.35(b) and 12 U.S.C. 2605(e) regarding the handling of my mortgage, including payment application, loss mitigation evaluation, and alleged servicing errors. These disputes were active when Experian received reporting from Selene Finance.\n\n\n\n2. Timeline of Complaints and Reporting\n\nDate\tEvent\tCFPB Case XXXXtSubmitted initial complaint XXXX XXXX XXXX XXXXXXXX\tRequested documentation and clarification regarding loan modification denialXXXX XXXXAdverse credit reporting\t\tCredit report shows XXXX XXXX late for XXXX  through XXXX  XXXX partial response\t\tDid not address all requests from initial complaint\XXXXubmitted second complaint XXXX XXXX XXXX XXXXRequested full documentation and legal justification for denial of loss mitigation options\n\n\n\n\n3. Violations by XXXX XXXX XXXX reporting falls squarely within the protections established under RESPA 1024.35(i) and FCRA 1681s-2(a)(3):\n\t1.\tQualified Written Requests / Notices of Error\n\t\tBoth complaints qualify as Notices of Error and QWRs under 12 U.S.C. 2605(e) and 12 CFR 1024.35(b).\n\t\tThese notices explicitly requested full documentation, explanation, and legal justification regarding the handling of my loss mitigation application and alleged servicing errors.\n\t2.\tServicing Errors Trigger No Reporting Protections\n\t\tUnder 12 CFR 1024.35(b)(11) and 1024.35(i), a servicer cannot furnish adverse information to a credit reporting agency regarding any payment or account that is the subject of a Notice of Error or XXXX  during the investigation period (or for XXXX  days, whichever is longer).\n\t\tMy complaints directly challenge payment application, loss mitigation evaluation, and account status  all servicing errors covered under RESPA.\n\t3.\tAdverse Reporting During Active Investigation Is Prohibited\n\t\tMy credit report shows XXXX  days late for July through XXXX XXXX despite active QWRs/Notices of Error.\n\t\tReporting without marking the account as disputed by consumer violates FCRA 1681s-2(a)(3).\n\t4.\tSummary of Legal Obligation\XXXX XXXX is legally required to:\n\t\tPause adverse reporting during an active XXXX/Notice of Error investigation.\n\t\tMark any reported information as disputed if reporting occurs during the investigation.\n\t\tProvide a complete written response resolving all issues raised.\n\n\n\n4. Violations by Experian\n\nUnder FCRA 1681i(a) and 1681s-2(a)(3):\n\t1.\tDuty to Investigate: Experian is required to investigate any disputed item once notified by a consumer.\n\t2.\tAdverse Reporting During Pending Disputes: Reporting an account as XXXX  days late while a dispute/QWR is pending violates FCRA protections.\n\t3.\tAccuracy Requirement: Experian must ensure all reported information is complete, accurate, and verifiable. Failure to remove inaccurate late payments constitutes a violation.\n\nBy continuing to report these late payments, Experian has willfully or negligently failed to maintain accurate reporting, exposing me to financial harm and damaging my creditworthiness.\n\n\n\n5. Demands\n\nI hereby demand that Experian:\n\t1.\tImmediately remove the late payment entries for XXXX  through XXXX  XXXX  related to this mortgage.\n\t2.\tUpdate the account status to reflect consumer disputes this account until verification can be properly completed.\n\t3.\tProvide written confirmation that the above corrections have been made.\n\t4.\tProvide documentation showing how Experian verified the accuracy of these late payments, including any communication with XXXX  XXXX  and reporting logs.\n\nFailure to comply within XXXX  business days will result in:\n\t\tFiling an escalated complaint with the CFPB.\n\t\tNotification to the XXXX  and XXXX  XXXX  XXXX  Office.\n\t\tConsideration of legal action under FCRA 1681n and 1681o to recover actual and statutory damages, plus attorneys fees.\n\n\n\n6. Preservation of Rights\n\nThis letter preserves all of my rights under federal and state law, including:\n\t\tThe right to statutory and actual damages for credit reporting violations.\n\t\tThe right to attorneys fees and costs in any legal action.\n\t\tThe right to notify other agencies and escalate complaints.\n\n\n\nSincerely,\XXXX XXXX XXXX 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