Consumer complaint received 2025-01-23 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc.
State: NJ

Complaint narrative:
XX/XX/XXXX To : EXPERIAN XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX XXXX, XXXX XXXX, GA XXXX Re : Formal Dispute and Request for Reinvestigation under FCRA 611 Dear EXPERIAN, I am writing to formally dispute the verification responses received from your agency regarding prior complaints of inaccurate and potentially fraudulent accounts, specifically invoking FCRA 611 ( 15 U.S.C. 1681i ). I believe these inaccuracies are a result of identity theft, and your agencys failure to properly investigate this matter represents a failure to comply with the Fair Credit Reporting Act ( FCRA ). 
On XX/XX/XXXX, I submitted a complaint concerning several accounts on my credit report, citing identity theft. I have followed all necessary procedures, including providing a valid identity theft affidavit, to prompt a complete and thorough investigation. 
However, in response, your agency has simply stated that the accounts in question were verified without supplying the actual sources or evidence relied upon for this verification. This failure to provide the requested documentation or a detailed account of the verification process runs contrary to the transparency and accuracy obligations imposed on consumer reporting agencies under FCRA 611.

FCRA 611 and Request for Reinvestigation As a result, I formally request that your agency conduct a reinvestigation of the disputed items in accordance with FCRA 611. Specifically, I demand that you : Provide the source of information used to verify the accounts in dispute this includes identifying the furnishers or third-party entities contacted during your verification process, as required by law.

Confirm whether your agency contacted the Federal Trade Commission ( FTC ) regarding the identity theft affidavit submitted this confirmation is essential to ensuring that due diligence was followed in verifying the accuracy of the contested items.

Supporting Case Law for Compliance with FCRA Requirements Several case laws emphasize the importance of thorough and transparent investigations by consumer reporting agencies when handling disputes and identity theft claims : Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ) : In this case, the court held that consumer reporting agencies are required to conduct a " reasonable reinvestigation '' of disputed information. A superficial verification process without genuine investigation, as appears to be the case here, constitutes non-compliance with the FCRA and exposes the agency to liability.

Dennis v. BEH-1, LLC, 520 F.3d 1066 ( 9th Cir. 2008 ) : The court highlighted that a consumer reporting agencys failure to verify disputed information in a manner that ensures maximum possible accuracy is a breach of its FCRA obligations. In this instance, failing to validate the origin and accuracy of the information violates the accuracy standard the FCRA demands.

Cohen v. Equifax Info. Servs., LLC , 2013 U.S. Dist. LEXIS 103827 ( N.D. Cal. 2013 ) : This case reaffirmed that credit reporting agencies have an obligation to ensure maximum possible accuracy and to act with transparency in reporting, especially when handling identity theft-related disputes.

Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147 ( 9th Cir. 2009 ) : The court emphasized that failure to conduct a reasonable investigation upon notice of a consumer dispute could lead to agency liability under the FCRA. This standard underscores the agencys responsibility to investigate and verify sources with accuracy and fairness. 
Demand for Compliance and Notice of Potential Legal Action In light of the above case law and statutory obligations under the FCRA, I formally demand that your agency : Conduct a comprehensive reinvestigation of all disputed accounts associated with the prior identity theft complaint. 
Provide detailed documentation of all sources of information used in your verification, including specific furnishers or third-party entities. 
Confirm whether the FTC was contacted and whether due diligence was followed in accordance with my identity theft affidavit. 
Please confirm compliance with this request within 15 days of receipt of this letter. Failure to comply with the FCRA and provide a satisfactory response may result in me pursuing all available legal remedies and seeking damages in federal court for any harm resulting from inaccuracies on my credit report. 
Thank you for your prompt attention to this matter. I look forward to resolving this issue fairly and expeditiously in accordance with the FCRA. 
Sincerely, XXXX XXXX Without Recourse UCC 1-308

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