Consumer complaint received 2024-12-11 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: NY

Complaint narrative:
I am filing a formal complaint against EXPERIAN for violating my rights under the Fair Credit Reporting Act ( FCRA ) and the Truth in Lending Act ( TILA ) regarding XXXX charge-off accounts listed on my credit report under : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX I have previously submitted two disputes regarding these accounts, and the credit bureau claimed the accounts were verified. However, the information remains inaccurate and has not been substantiated with sufficient documentation, constituting multiple violations of the FCRA and TILA. Despite my request for proper verification, the credit bureau has failed to provide proof of verification and has instead chosen to continue reporting incorrect information.

Violations of the Fair Credit Reporting Act ( FCRA ) : 1.FCRA Section 1681b ( 2 ) - Accuracy of Information : The FCRA Section 1681b ( 2 ) mandates that only accurate information is reported about me. The credit reporting agencys failure to provide proof of verification for these charge-off accounts entry violates my rights to an accurate credit report. Without proof, these charge-off accounts remain incorrectl
y reported and are damaging my credit.

2-FCRA Section 1681b ( 5 ) - Permissible Purpose : Under Section 1681b ( 5 ) of the FCRA, information in a consumer report must be accurate and used for a permissible purpose. These charge-off accounts are in violation of this section, as there is no valid documentation to support their accuracy or permissibility.

3-FCRA Section 611 - Duty to Investigate : Section 611 of the FCRA requires that a thorough investigation be conducted into any disputed information. Despite my requests, the credit reporting agency failed to properly investigate these charge-off accounts, and as a result, inaccurate information continues to be reported.

4-FCRA Section 1681i - Reinvestigation Failure : Section 1681i requires that, upon dispute, the credit reporting agency must complete a reinvestigation within 30 days and remove inaccurate information if it can not be verified. Your failure to complete a proper reinvestigation and delete these accounts after my dispute constitutes a violation of this section of the FCRA.

5-Failure to Reinvestigate Under FCRA ( 611 ( a ) ( 1 ) ) : Despite providing evidence of inaccuracies in six charge-off accounts, Experian failed to conduct a proper reinvestigation and left the disputed items on my credit report without adequate verification.

6-Failure to Provide Verification ( 611 ( a ) ( 2 ) & ( 7 ) ) : Experian did not supply detailed documentation or evidence to substantiate the accuracy of the charge-off accounts, nor did it disclose the method used for verification.

7-Retention of Inaccurate Information ( 611 ( a ) ( 5 ) ( A ) ) : Experian continues to report inaccurate information despite the lack of verifiable evidence, directly violating its duty to delete unverifiable data.

8-Violation of Privacy Rights ( 604 ) : Experian unlawfully maintained and disseminated inaccurate information, infringing on my right to privacy and causing reputational harm.

9-Failure to Provide Source and Method of Verification ( 609 ( a ) ( 1 ) ) : Experian did not furnish the original source of the disputed accounts, or the methods used to verify them when requested, as required by law.

10-FCRA 605B ( 15 U.S.C. 1681c-2 ) : FCRA 605B provides that if any information on a credit report is the result of identity theft or fraudulent transactions, the consumer may request removal of such information by submitting an identity theft report. While this case is not one of identity theft, the section underscores the responsibility of credit reporting agencies to ensure the accuracy and legitimacy of all reported information. Experians failure to verify these accounts violates this standard.

Violations of the Truth in Lending Act ( TILA ) : Under TILA, creditors are required to provide accurate and timely information regarding loans, charge-offs, and account statuses. The failure to properly report and verify these charge-off accounts under TILA is a clear violation, as the charge-offs should only be reported accurately and substantiated. 

Details of Previous Disputes : First Dispute : Submitted XX/XX/year>. 
Second Dispute : Submitted XX/XX/year>. 
Third Dispute : Submitted XX/XX/year>. 

Each dispute provided supporting documentation and requested verification or deletion of the erroneous charge-off accounts. Experian has consistently failed to address these issues satisfactorily, citing unverifiable claims of accuracy without providing evidence. 

Harm Caused : Experians negligence has adversely impacted my financial standing, creditworthiness, and reputation. The retention of unverified and inaccurate charge-offs has obstructed my ability to secure credit and caused significant emotional and financial distress. 
I urge the Consumer Financial Protection Bureau to take swift action to hold Experian accountable for its repeated violations of federal law and to ensure prompt resolution of this matter. Thanks for your help to this matter

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