Consumer complaint received 2024-12-03 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 XXXXXXXX XXXX XXXXXXXX XXXX XXXX, FL XXXX Date : XX/XX/XXXX To : Consumer Financial Protection Bureau ( CFPB ) Experian Information Solutions , Inc . 
Subject : Formal Complaint : Immediate Removal of Unauthorized and Fraudulent Information from My Consumer Report This is my third formal complaint regarding Experians refusal to comply with federal law by failing to block unauthorized and fraudulent information from my consumer report, despite my submission of an FTC Identity Theft Report, proof of address, and valid government-issued identification. The documents I provided meet the requirements under 15 U.S.C. 1681c-2 ( FCRA Section 605B ) to block fraudulent information. 
Experians repeated denials, compounded by vague and excessive requests for additional documentation, such as my Social Security Number card, constitute a deliberate attempt to obstruct my rights as a consumer under federal law. These actions highlight Experians fraudulent intent to profit from the continued misrepresentation of my creditworthiness Key Violations of Federal Law 1. Violation of FCRA Section 605B Blocking of Information ( 15 U.S.C. 1681c-2 ) : Under this statute, Experian is required to block unauthorized and fraudulent information within four ( 4 ) business days of receiving an FTC Identity Theft Report, proof of identity, and a consumer statement. The documents I submittedFTC report, drivers license, proof of address ( utility bill ), and written complaint letterfully meet these requirements.

Experians refusal to block this information violates federal law and demonstrates a blatant disregard for the legal protections afforded to consumers.

2. Violation of the Fair Credit Reporting Act ( FCRA ) Consumer Dispute Obligations ( 15 U.S.C. 1681i ) : Experian is required to conduct a thorough and timely investigation of disputes regarding inaccurate or fraudulent information. By failing to process my request appropriately and shifting the burden of proof onto me, Experian has violated its legal obligations.

3. Profiting from Fraudulent Information Racketeer Influenced and Corrupt Organizations ( RICO ) Act ( 18 U.S.C. 1962 ) : Experians continued reporting of unauthorized accounts, names, and addresseswhile profiting from creditor access to this dataconstitutes fraudulent intent and potential racketeering activity. 
Under RICO, Experians refusal to comply with federal law could subject the company to treble damages and criminal prosecution.

4. Violation of Privacy Rights XXXX XXXX  ( 15 U.S.C. 6802 ) : Experian has failed to adhere to the opt-out rights I exercised under this statute by continuing to disclose my nonpublic personal information without my explicit consent. 
Fraudulent and Defamatory Practices Experians refusal to block unauthorized information falsely associates me with accounts I did not open and addresses I do not reside at. These actions : Defame my financial reputation, creating barriers to fair credit opportunities. 
Deprive me of due process, violating my constitutional rights under the Fifth and Fourteenth Amendments. 
Demonstrate fraudulent intent by profiting from the continued reporting of disputed and unauthorized information. 
By asserting that my request to block is a material misrepresentation or an error, Experian is engaging in deceptive practices designed to frustrate my lawful rights. Additionally, Experians baseless demand for an SSN cardwhen federal law does not explicitly require itis an attempt to erect barriers for consumers to exercise their rights. 
Immediate Demands for Resolution 1. Immediate Blocking of Unauthorized Accounts and Information : Remove the following accounts from my report immediately : XXXX XXXX : Account Number XXXX XXXX XXXX XXXX XXXX : Account Number XXXXXXXX XXXX XXXX Account Number XXXX XXXX XXXX XXXX : Account Number XXXX XXXX XXXX XXXXXXXX : Account Number XXXXXXXX XXXX XXXX XXXX : Account Number XXXX 2. Immediate Removal of Unauthorized Names and Addresses : Names : Only XXXX XXXX XXXX XXXX should remain on file. Unauthorized names include : XXXX XXXX XXXX XXXX XXXX Addresses : Only XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX, FL XXXX is accurate. The following must be removed : XXXX XXXX XXXX, XXXX XXXX, FL XXXX XXXXXXXX XXXX XXXX XXXX XXXX  XXXX, XXXX, FL 3. Written Confirmation of Compliance : Provide written confirmation that all unauthorized information has been permanently blocked or removed within four ( 4 ) business days. 
4. Policy Alignment with Federal Law : Cease the demand for SSN cards when processing identity theft-related disputes, as this requirement is inconsistent with FCRA Section 605B and serves only to obstruct consumers.

Severe Penalties for Noncompliance
Failure to comply with this notice will result in : 1. Immediate Escalation to Federal Authorities : A formal complaint will be filed with the CFPB and FTC for Experians repeated violations of federal law. 
2. Legal Action : I will pursue all available legal remedies under the FCRA, RICO, and XXXX XXXX to seek damages for the financial and emotional harm caused by Experians unlawful practices.

3. Public Awareness Campaigns : I will ensure Experians continued violations are exposed to consumer advocacy groups and media outlets, highlighting the systemic exploitation of consumer rights. 
Fair Credit Reporting Act ( FCRA ) Penalties ( 15 U.S.C. 1681n and 1681o ) : Statutory Damages : {$1000.00} per violation for willful noncompliance.

Actual Damages : Compensation for financial harm, emotional distress, and reputational damage caused by their failure to comply. 
Punitive Damages : In cases of willful violations, Experian could face significant punitive damages to deter further misconduct. 
Attorneys Fees and Court Costs : All legal expenses incurred by the consumer must be reimbursed. 
2. Racketeer Influenced and Corrupt Organizations ( RICO ) Act ( 18 U.S.C. 1962 ) : Treble Damages : Experian could be ordered to pay three times the actual damages for profiting from fraudulent practices. 
Criminal Penalties : Key decision-makers involved in such practices could face up to 20 years in prison per violation if proven that their actions constituted racketeering activity. 
XXXX. XXXX XXXX ( GLBA ) Penalties ( 15 U.S.C. 6802 ) : Corporate Fines : Up to {$100000.00} per violation for unauthorized disclosure of nonpublic personal information.

Individual Penalties : Employees or decision-makers who violate the GLBA can be personally fined up to {$10000.00} per infraction. 
4. Identity Theft and Assumption Deterrence Act ( 18 U.S.C. 1028A ) : Mandatory Prison Sentence : Up to five years in prison per offense for knowingly allowing identity theft or false reporting to persist. 
Civil Penalties : Additional financial liabilities for the harm caused to the consumers identity and credit profile.

5. Federal Trade Commission Act ( Section 5 ( a ) ) : Civil Penalties : Experian could face substantial fines for engaging in unfair and deceptive acts or practices, with penalties reaching into the millions of dollars for systemic violations. 
6. Equal Credit Opportunity Act ( ECOA ) Penalties ( 15 U.S.C. 1691e ) : Individual Penalty : Up to {$10000.00} for each violation affecting the consumer.

Class Action Liability : Experian could face liabilities up to {$500000.00} or 1 % of its net worth, whichever is less, for discriminatory practices.

7. State-Level Fines and Penalties : Many states impose additional penalties on companies like Experian for violating consumer protection laws, including further fines, restitution, and operational restrictions.

8. Restitution and Consumer Relief Funds : Experian may be required to set up consumer relief funds to compensate victims of their noncompliance, which could amount to millions of dollars depending on the scale of the violation. 
The fraud department at Experian holds a significant level of responsibility for ensuring compliance with federal and constitutional law in handling consumer disputes, identity theft claims, and unauthorized reporting. In this case, their failure to act in accordance with the law not only exposes the department to civil liabilities but also places individuals within the department, including those in supervisory and decision-making roles, at risk of severe criminal penalties. 
If Experian continues its unlawful practices and refuses to resolve this matter : Corporate Fines : Hundreds of thousands to millions of dollars for repeated violations. 
Restitution : Full compensation for damages incurred by the consumer, including consequential and reputational harm. 
Criminal Penalties : Decision-makers could face up to 20 years in prison under RICO and related statutes. 
Reputational Harm : Systemic violations and legal action could further tarnish Experians public image, leading to loss of consumer trust and additional lawsuits. 
Constitutional Violations : By depriving you of due process under the Fifth and Fourteenth Amendments, the fraud departments actions constitute a violation of fundamental constitutional rights. Supervisors and decision-makers can be held accountable for knowingly implementing or upholding policies that infringe on these rights. 
Consumer Financial Protection Act ( CFPA ) - Individual Accountability : Under 12 U.S.C. 5536, individuals engaging in unfair, deceptive, or abusive acts are directly liable. This means supervisors or team members in the fraud department can be personally fined or face other penalties for deceptive practices. 
Intentional Misrepresentation and Personal Liability The fraud departments decision to reject your valid dispute while alleging misrepresentation or error without evidence is fraudulent on its face. 
By requiring unnecessary documentation, such as an SSN, which is not mandated under the FCRA, the fraud department appears to intentionally obstruct your rights for profit or convenience. This constitutes fraudulent intent and opens them to criminal investigation.

Whomever oversees these practiceswhether it is the head of the fraud department or higher-ranking executivescan be held personally accountable for willful misconduct.

Experian must recognize that these violations are not only an assault on individual consumer rights but also a threat to the integrity of the credit reporting system as a whole. Rectifying these issues immediately is not optionalit is legally mandatory.

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