Consumer complaint received 2024-11-26 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: FL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXX To : Consumer Financial Protection Bureau XXXX CFPB ) Experian XXXX XXXX XXXX : Formal Demand for Immediate Removal of Unauthorized Accounts and Blocking of FTC-Reported Information To Whom It May Concern, This formal complaint addresses unauthorized accounts and the failure by Experian, XXXX, and XXXX to adhere to federal obligations, especially concerning the prompt removal of accounts I have not authorized to be reported on my credit file. These accounts are the result of privacy violations, with information unlawfully used for reporting without permissible purpose. Background on Unauthorized Accounts and Privacy Violations In the wake of these unauthorized entries, I am submitting an FTC identity theft report to document this unauthorized activity. Under 15 U.S.C. 1681c-2, consumer reporting agencies are legally obligated to block and remove fraudulent accounts within four business days upon receipt of an FTC identity theft report. Despite these protections, the following accounts continue to appear on my credit report without my permission : First Premier Bank Account Number : XXXX XXXX XXXX Account Number : XXXX XXXX XXXX XXXXXXXX Account Number : XXXXXXXX XXXX XXXX XXXX Account Number : XXXX These accounts were reported without permissible purpose, violating the Fair Credit Reporting Act ( FCRA ) as established under 15 U.S.C. 1681b. Violations of the FCRA and Federal Obligations of Consumer Reporting Agencies As a consumer, I am protected under the FCRA, which mandates that consumer reporting agencies must have a permissible purpose for reporting any information. XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX ), reiterates that permissible purpose requires explicit consumer consent or a legally justified basis, neither of which exists for the accounts listed. Reporting these unauthorized entries without my approval constitutes not only an FCRA violation but also a severe breach of trust in data handling. Furthermore, the FTC guidelines reinforce the obligation for rapid response to identity theft and unauthorized entries on a credit report. By not blocking or removing these accounts promptly, Experian, XXXX, and XXXX are directly contravening federal mandates and engaging in deceptive practices, with ongoing adverse effects on my financial standing. Legal Precedents Supporting Compliance with Blocking Requirements The following case laws highlight the obligations of credit reporting agencies to secure consumer data, uphold data accuracy, and prevent unauthorized or deceptive reporting : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) : This case emphasizes the agencies duty to prevent inaccuracies and highlights liability arising from erroneous data reporting. XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : The Supreme Court clarified that credit agencies could be held liable for failing to implement reasonable procedures to maintain accuracy, especially when negligence or unauthorized reporting is involved. FTC XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX : This case underscores the FTCs stance on accountability for data breaches, establishing that agencies must improve security to prevent further misuse of sensitive consumer information. Implications of Neglect in Addressing FTC-Reported Information The failure to remove the accounts listed above perpetuates inaccurate and damaging entries on my credit file. The actions, or lack thereof, by these agencies exacerbate the negative consequences of data breaches by compromising consumer rights, enabling further deceptive reporting, and violating 15 U.S.C. 1681n ( willful noncompliance ) and 1681o ( negligent noncompliance ) of the FCRA. Violation of Contract Law and Lack of Consent The existence of these unauthorized accounts without my explicit consent further violates fundamental contract law principles, specifically mutual assent and the covenant of good faith and fair dealing. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), the court affirmed that unauthorized use of personal information is a direct violation of implied contractual obligations. Immediate Corrective Actions Demanded Given the agencies non-compliance and disregard for the urgency of blocking unauthorized accounts, I am formally demanding : 1. Immediate removal of all unauthorized accounts listed above from Experian, XXXX, and XXXX, in line with FCRA regulations and FTC guidelines. 2. Written confirmation from each credit bureau, acknowledging these accounts as unauthorized and confirming their permanent removal from my record. 3. Proof of compliance improvements to prevent future unauthorized reporting or deceptive practices. This letter will also be submitted as a public record to uphold transparency and accountability in credit reporting practices. I expect compliance with these demands and a prompt response confirming that the unauthorized information has been removed.

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