Consumer complaint received 2025-05-08 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Public record information inaccurate
Company: Experian Information Solutions Inc.
State: MD

Complaint narrative:
I am filing this complaint because Experian is reporting a bankruptcy on my credit report that was sourced from XXXX and originally obtained from PACER ( Public Access to Court Electronic Records ). PACER has made it clearboth in writing via their Privacy Policy and to me directly via a recorded company phone callthat PACER does not validate or verify court records, and that its data may not be resold, redistributed, or used for commercial furnishing or verification purposes without lawful authority. 

Despite this, Experian continues to report this record after being placed on formal and repeated notice that the information is unverifiable and was obtained in violation of FCRA requirements. 
I submitted two formal disputes directly to Experian regarding this issue on XX/XX/year>, and again on XX/XX/year>. In both instances, Experian closed the dispute and refused deletion, stating that the bankruptcy was verified using XXXXXXXX  and PACER public records. This is a clear violation of multiple provisions of the Fair Credit Reporting Act ( FCRA ). 

On XX/XX/year>, I also spoke with Experian directly by phone. On the recorded call, I explained that : PACER nor XXXX can not legally be used for consumer verification or credit reporting purposes, PACER confirmed that XXXX has an account with PACER and purchases bankruptcy data to resell it to Experian, Experian in turn pays XXXX for that data and includes it in consumer credit reports without obtaining consumer consent, PACERs Privacy Policy prohibits this use, and Experian 's continued reporting of this after being placed on legal notice constitutes a willful violation of consumer privacy and FCRA obligations. 

The Experian representative acknowledged that they use XXXX and XXXX but insisted that because its a public record, they are permitted to report it. I explained that public accessibility does not override privacy rights under FCRA, nor does it grant permission to resell, furnish, or publish this data for commercial credit reporting purposes. It was communicated that public records override consume privacy rights, which is NOT TRUE and ILLEGAL. Once again, I communicated that PACER confirmed to me on a recorded call on XX/XX/year> that : PACER is not a verification service, PACER prohibits resale or redistribution of its data for commercial credit reporting, And no third party, including XXXX or Experian, may use PACER data for credit verification or consumer furnishing. 

By continuing to report this bankruptcy record, Experian has violated the following FCRA provisions : FCRA 604 No permissible purpose to access or furnish PACER-derived data in a consumer report ; FCRA 607 ( b ) Failure to maintain reasonable procedures to ensure maximum possible accuracy ( relying on unverifiable sources ) ; FCRA 1681 ( a ) ( 4 ) Violation of my right to privacy ; FCRA 1681n and 1681o Willful and negligent noncompliance after written and verbal notice. 

Additionally, during my disputes and on the XX/XX/year> recorded phone call, Experian tried another tactic by insisting that the bankruptcy record had been " verified '' directly with the bankruptcy court. This is also notated on my credit report as being verified by the Bankruptcy Court, which is completely false and misleading. I personally contacted the courthouse to verify their policies and was informed that the court does not release bankruptcy case information to any third party unless the requestor has the debtors full Social Security Number, and most importantly, they confirmed that they do not provide any credit bureau with bankruptcy case information under any circumstances. Therefore, Experians claim that the bankruptcy was verified with the court is a blatant misrepresentation and a violation of the Fair Credit Reporting Act. Reporting information that is not verified or is unverifiable violates FCRA ( 15 U.S.C 1681 ) and constitutes furnishing inaccurate information about a consumer, which is expressly prohibited under federal law. 

I am requesting that Experian immediately delete the improperly sourced and unverifiable bankruptcy record from my credit file, cease furnishing PACER-derived information obtained through unauthorized resale by XXXX or any third party, and be referred for regulatory review by the FTC or appropriate agency due to systemic and willful noncompliance with FCRA and consumer privacy protections. Experian has now received two formal disputes in writing, a phone call on XX/XX/year>, and clear evidence that their verification source ( PACER ) is unauthorized and prohibited for use in consumer reporting. Their continued refusal to investigate or delete this data constitutes willful and reckless noncompliance with the Fair Credit Reporting Act. 

Since Experian has willingly participated in violating my rights to privacy, the laws which they are comfortable with violating is here along with the civil liability law under which I will sue is clearly here : 1 ) 15 U.S. Code 1681 ( a ) ( 4 ) - Congressional findings and statement of purpose ( Consumer Right to Privacy ) ( a ) Accuracy and fairness of credit reporting The Congress make the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy, 2 ) Failure to Comply or delete these items- 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00}, and 3 ) 5 U.S. Code 1681o Civil liability for negligent noncompliance- ( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure ; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

Under 15 US Code 1681a ( 4 ) as a consumer, I have the right to privacy and this bankruptcy must be deleted from my consumer report or I will seek monetary damages in small claims court in my city and state. As a result, I am requesting that the CFPB launch a full investigation practices for the dispute procedure utilized at Experian as the company has already been involved in several lawsuits from the CFPB for sham investigations into credit report disputes. I am also prepared to escalate this issue to Attorney Generals Office, XXXX XXXX XXXX and Federal Trade Commission. 

Because of Experians willful refusal to remove this unverified and improperly sourced data, I have been significantly harmed. This has severely damaged my credit profile, hurt my ability to qualify for a mortgage, and prevented me from achieving homeownership. The knowledge that my personal information is being unlawfully purchased, repackaged, and sold for profitwithout my consenthas caused substantial emotional distress and financial hardship. As a result, I reserve the right to seek monetary damages in small claims court or federal court under the FCRA, and I am prepared to escalate this matter to the Attorney General, Federal Trade Commission, and XXXX XXXX XXXX

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