Consumer complaint received 2025-01-19 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:
his letter serves as a formal dispute under the Fair Credit Reporting Act ( FCRA ), XXXX XXXX. XXXX and related provisions, regarding inaccuracies and discrepancies in my credit report. Additionally, I reference the Truth in Lending Act ( TILA ), specifically XXXX XXXX. XXXX, which defines the terms " creditor '' and " open-end credit plan '' as they pertain to my credit accounts. Below are the specific inaccuracies I am disputing along with legal precedents to support my claims : XXXX. XXXX Bank Account Account Number : [ Redacted for Privacy ] Discrepancy : Experian reports a charged-off balance of {$310.00} with XXXX negative months. 

XXXX reports a charged-off balance of {$310.00} with XXXX negative months. 

XXXX reports a charged-off balance of {$310.00} but does not detail negative months. 

Violation : The inconsistent reporting across credit bureaus demonstrates a failure to ensure maximum possible accuracy as required under XXXX XXXX. XXXX ( b ). Furthermore, under TILA, XXXX XXXX. XXXX ( j ), I am the " creditor '' in an open-end credit plan, and it is improper to classify an account as closed or charged off when it is inherently open-ended. 

Case Law Support : In XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ), the court held that credit reporting agencies must ensure accuracy in the reporting of consumer data. Additionally, in XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), the definition of open-end credit was further clarified to include any plan permitting repeated transactions, which applies to this account. 

XXXX. XXXX Card Account Account Number : [ Redacted for Privacy ] Discrepancy : Experian reports a charged-off balance of {$1200.00} with XXXX negative months. 

XXXX reports a charged-off balance of {$1200.00} with XXXX negative months. 

XXXX reports a charged-off balance of {$1200.00} but provides no detail about negative months. 

Violation : These inconsistencies violate XXXX XXXX. XXXX ( a ), which mandates reinvestigation of disputed information to ensure consistency. Under TILAs definition of " open-end credit plan '' ( XXXX XXXX. XXXX ( i ) ), the account can not be legitimately closed since the ability to access credit through revolving means remains inherent. 

Case Law Support : In XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ), inaccuracies affecting creditworthiness must be addressed. Additionally, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) supports the interpretation of open-end credit plans as perpetually accessible credit lines. 

XXXX. Student Loans ( XXXX ) Account Numbers : [ Multiple, Redacted for Privacy ] Discrepancy : Experian lists these accounts as open and deferred. 

XXXX lists the accounts as closed and paid off. 

XXXX does not mention these accounts. 

Violation : The absence and inconsistent reporting violate XXXX XXXX. XXXX ( b ) ( XXXX ) ( A ), requiring furnishers to accurately report account information. Additionally, under XXXX XXXX. XXXX ( j ), these accounts reflect open-end credit characteristics, rendering " closed '' designations incorrect. 

Case Law Support : In XXXX XXXX  Experian Info. Sols., Inc. XXXX XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX ), omissions or inaccuracies by furnishers harm the consumer 's creditworthiness and must be corrected. 

4. Credit Utilization and Balances Discrepancy : Experian and XXXX report a credit utilization rate of 107 %, indicating high risk. 

XXXX does not report utilization rates but lists total balances significantly higher than the other two bureaus. 

Violation : Such incomplete data violates the duty of completeness under XXXX XXXX. XXXX ( a ). Under TILA definitions, revolving credit balances and utilization rates must be reported accurately as part of open-end credit plans. 

Case Law Support : In XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court emphasized that credit reports must present a full and accurate picture of the consumers financial situation. 

XXXX. Addresses and Personal Information Discrepancy : XXXX lists an additional address ( XXXX XXXX XXXX XXXX ) not found in Experian or XXXX reports. 

Violation : Reporting unverified addresses without proper investigation violates XXXX XXXX. XXXX ( b ). 

Case Law Support : In XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court held that inaccurate personal data could harm the consumers credit reputation and must be corrected. 

Requested Actions Delete All Closed Accounts : Per TILA and FCRA, accounts that qualify as open-end credit plans can not be classified as closed or charged off. 

Remove Inquiries : All inquiries not authorized by me should be removed as they are not compliant with FCRA standards. 

Conduct a Thorough Reinvestigation : Verify all disputed items and ensure consistency across all reports.

Provide Documentation : Supply evidence supporting the accuracy of the disputed accounts or remove them entirely. 

Confirm Changes : Provide a corrected copy of my credit report upon resolution. 

Compensate Damages : Remit {$1000.00} for each verified violation of XXXX XXXX. XXXX for willful noncompliance with the FCRA and TILA. This amount reflects the statutory damages I am entitled to under federal law. 

Failure to address these inaccuracies may result in further legal action, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and pursuing remedies under XXXX XXXX. XXXX and XXXX for willful and negligent violations. 

Please acknowledge receipt of this letter and inform me of the next steps within the timeframe mandated by law ( 30 days ). I have attached copies of my identification and supporting documents to facilitate your investigation. 

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