Consumer complaint received 2025-01-24 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc.
State: AZ

Complaint narrative:
I am writing to formally dispute inaccuracies in my consumer report and to demand validation of the information being reported, pursuant to the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681i. I have identified multiple inaccuracies that are negatively affecting my creditworthiness and overall financial well-being. Given the findings of the Consumer Financial Protection Bureau ( CFPB ) regarding your companys unlawful handling of disputes, I must demand immediate and full compliance with federal law. 

Details of Disputed Information The inaccuracies include but are not limited to : XXXX XXXX. 

Date Opened : Your report indicates the account was opened on XX/XX/XXXX. However, XXXX reports the same opening date but contradicts the payment history timeline. 

Payment History : Experian indicates that the first delinquency began in XX/XX/XXXX, while XXXX states XX/XX/XXXX. Additionally, Experian reports payments as late as 180 days past due in XXXX and XX/XX/XXXX, which are not reflected in the XXXX report. 

Status Description : Experian lists this account as Paid in settlement, while XXXX reports it as Paid, Closed ; was 120 days past due. These inconsistencies raise questions about the accuracy and reliability of your data. 

On Record Until : Experian shows the account will remain on record until XX/XX/XXXX, whereas XXXX states XX/XX/XXXX. 

XXXX XXXX XXXX XXXXXXXX ) : Missing from XXXX Report XXXX This account is not reflected in the XXXX report, yet Experian lists it as charged off. 

Charge-Off Date : Your report states the account was charged off in XX/XX/XXXX. Given the lack of supporting documentation or agreement across credit bureaus, I demand validation. 

Payment History : Experian indicates a pattern of delinquencies beginning XX/XX/XXXX ( 30 days late ) and culminating in a charge-off in XX/XX/XXXX. The accuracy of these entries is highly questionable due to the absence of independent validation from the creditor. 

Legal Basis for This Dispute As a consumer reporting agency, Experian is obligated under the FCRA to ensure the accuracy of credit reports and to conduct proper investigations of disputed information. Based on the CFPB 's recent findings, the following violations apply directly to my concerns : Failure to Conduct Reasonable Investigations ( 15 U.S.C. 1681i ( a ) ( 1 ) ) : According to the CFPB, Experian conducted sham investigations and failed to review evidence provided by consumers. 

Your reliance on responses from furnishers, without independent verification or proper consideration of consumer-provided documentation, constitutes a failure to conduct a reasonable investigation. 

The case of Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ) emphasizes that consumer reporting agencies are required to actively investigate disputes rather than acting as mere conduits for furnishers.

Reinsertion of Previously Deleted Errors ( 15 U.S.C. 1681i ( a ) ( 5 ) ) : I have identified errors that were previously disputed and corrected but have since reappeared in my report without notice or proper validation. 

XXXX failure to prevent such reinsertions is a direct violation of the FCRA. 

The precedent set in Dennis v. BEH-1, LLC, 520 F.3d 1066 ( 9th Cir. 2008 ) underscores the importance of strict compliance with reinsertion procedures to prevent repeated harm to consumers. 

Failure to Ensure Maximum Accuracy ( 15 U.S.C. 1681e ( b ) ) : The FCRA mandates that consumer reporting agencies maintain " maximum possible accuracy '' in consumer reports. 

Your internal processes, as described by the CFPB, allowed for the reinsertion of inaccurate information and the acceptance of faulty data from furnishers, violating this standard. 

Henson v. CSC Credit Services, 29 F.3d 280 ( 7th Cir. 1994 ) highlights that CRAs bear responsibility for ensuring accuracy, regardless of the furnisher 's input.

Unfair and Deceptive Practices ( 12 U.S.C. 5536 ( a ) ( 1 ) ( B ) ) : The CFPB has classified Experians practices as unfair and deceptive, violating the Consumer Financial Protection Act ( CFPA ). 

Systemic failures in your dispute-handling processes have caused substantial harm to consumers, including myself. 

Demand for Validation and Corrective Action I demand that Experian : Conduct a thorough and lawful reinvestigation of all disputed information in compliance with the FCRA. 

Validate the accuracy of the information being reported, or delete any unverifiable or inaccurate entries. 

Provide a detailed report of the investigation, including the actions taken and the results. 

Implement safeguards to ensure previously corrected inaccuracies are not reinserted without proper verification and consumer notification. 

Pre-Arbitration Demand If you fail to comply with the FCRA or provide a satisfactory resolution within the legally mandated timeframes, I will pursue arbitration through ADR.org. This letter serves as a pre-arbitration demand, and I reserve my right to seek damages for willful noncompliance under 15 U.S.C. 1681n, including statutory, actual, and punitive damages, as well as attorneys fees and costs.

Response Timeline Please provide written acknowledgment of this dispute within five ( 5 ) business days and complete your reinvestigation within the 30-day timeframe specified by the FCRA. Failure to meet these obligations will result in further legal action. 

Thank you for your immediate attention 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