Consumer complaint received 2025-12-29 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Experian Information Solutions Inc.
State: DE

Complaint narrative:
Experian XXXX. XXXX XXXX XXXX, TX XXXX RE : Formal Dispute and Demand for Immediate Deletion Consumer : XXXX XXXX XXXX File Number : XXXX Date of Report : XX/XX/XXXX NOTICE OF DISPUTE PURSUANT TO 15 U.S.C. 1681i ( FCRA ) Dear Experian, I am writing to formally dispute multiple inaccurate, unverifiable, and legally non-compliant items appearing on my credit report dated XX/XX/XXXX. These items contain material errors, direct contradictions with other credit reporting agencies, and violate my rights under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. I demand their immediate and permanent deletion. 

ITEMS DISPUTED AND LEGAL BASIS FOR DELETION 1. DEPARTMENT OF EDUCATIONXXXX ( 2 ) ACCOUNTS DISPUTE : Both accounts report as " Open/Never late '' with balances of {$3100.00} and {$1800.00}, last payment XX/XX/XXXX. ( Previously Removed items see Cfpb complaint # XXXX ) CRITICAL INCONSISTENCIES ACROSS BUREAUS : Your Report ( Experian ) : Status : " Open/Never late '' Payment history : Shows " ND '' ( No Data ) for early XXXX, then current payments Comment : " Completed investigation of FCRA dispute - consumer disagrees '' XXXX  Report : Status : " 90 days past due '' Same accounts, same account numbers Past due amounts : {$130.00} and {$78.00} respectively Comment : " Dispute resolved; customer disagrees '' XXXX  Report : Accounts DO NOT APPEAR AT ALL LEGAL VIOLATIONS : A. Materially Inconsistent Reporting - FCRA 1681e ( b ) The same accounts can not simultaneously be : " Never late '' ( your report ) " 90 days past due '' ( XXXX  ) Non-existent ( XXXX  ) This represents a catastrophic failure of accuracy requirements under Safeco Insurance Co. of America v. XXXX XXXX 551 U.S. 47 XXXX XXXX ), which requires " maximum possible accuracy. '' B. Previous Dispute Not Properly Resolved Your notation " Completed investigation of FCRA dispute - consumer disagrees '' combined with XXXX  's " Dispute resolved; customer disagrees '' proves : These accounts have been disputed before Investigation was inadequate ( obvious TransUnion discrepancy not identified ) You failed to compare data across bureaus as required by reasonable procedures Under XXXX v. Trans Union Corp., 115 F.3d 220 ( XXXX XXXX. XXXX ), CRAs must conduct adequate investigations, not merely accept furnisher attestations, especially when consumer continues to dispute. 
C. " No Data '' Reporting Violations Your payment history shows : XX/XX/XXXX : " ND '' ( No Data ) XX/XX/XXXX : " ND '' ( No Data ) XX/XX/XXXX : " ND '' ( No Data ) XX/XX/XXXX : " ND '' ( No Data ) Yet XXXX  shows these same months with specific payment status. Under FCRA 1681s-2 ( a ) ( 1 ) ( A ), furnishers must provide complete and accurate information. Reporting " No Data '' when data exists at other bureaus suggests : Incomplete furnisher reporting System failures in data collection Potential manipulation of payment history D. Unverifiable Due to Bureau Conflicts - XXXX v. XXXX XXXX XXXX , LLP, 584 F.3d 1147 ( XXXX XXXX. XXXX ) When the same furnisher provides contradictory information to different CRAs, the accounts become unverifiable. The 9th Circuit held that such inconsistencies create a rebuttable presumption of inaccuracy that you have failed to rebut. 
E. Last Payment Date Impossibility All three bureaus that report these accounts agree : Last payment was XX/XX/XXXX ( over 2 years ago ). 
Yet you report : Accounts as current/ '' Never late '' Monthly payments of {$33.00} and {$19.00} No past due amounts If no payment has been made since XX/XX/XXXX, the accounts CAN NOT be current. This violates basic mathematical and logical consistency required by FCRA XXXX ( b ). 
DEMAND : Immediately and permanently delete BOTH Department of Education accounts. 

2. XXXX  XXXX XXXX - CHARGED OFF DISPUTE : Account reports as charged off with {$490.00} balance, 29 potentially negative months. 
LEGAL VIOLATIONS : A. Re-aging and Timeline Manipulation - FCRA 1681c ( a ) ( 4 ) Date opened : XX/XX/XXXX First late payment : XX/XX/XXXX ( 60 days ) Charged off : XX/XX/XXXX Last payment : XX/XX/XXXX Your status update : XX/XX/XXXX However : XXXX  status update : XX/XX/XXXX XXXX  status update : XX/XX/XXXX While your reporting appears more accurate ( last updated XX/XX/XXXX when charge-off occurred ), the account should be nearing its mandatory removal date. Under FCRA 1681c ( a ) ( 4 ), charge-offs must be removed 7 years from date of first delinquency ( approximately XX/XX/XXXX ), making the removal date approximately XX/XX/XXXX. 
B. Inconsistent " Potentially Negative Months '' Across Bureaus Your report : 29 potentially negative months XXXX  : 33 potentially negative months XXXX  : Does not specify count This inconsistency in reporting the same account history violates XXXX v. Capital Associated Industries , Inc., 257 F.3d 409 ( XXXX XXXX. XXXX ), which requires consistent application of reporting standards. 
C. Payment History Discrepancies Your payment history coding differs from other bureaus : You use : " CO '' ( Charge off ), " 30 '' ( 30 days late ), " 60 '' ( 60 days late ) Your history shows charge-offs extending into XXXX XXXX  shows different months with late payments D. Charged-Off Debt Collection Issue The account shows {$490.00} balance with " Account closed at credit grantor 's request. '' Under 15 U.S.C. 1692g ( FDCPA ), if this debt has been sold or placed for collection, continued reporting by the original creditor without proper notation violates accuracy requirements. 
DEMAND : Immediately and permanently delete the XXXX  XXXX XXXX account. 

3. XXXX XXXX  - OPEN ACCOUNT IMPOSSIBILITY DISPUTE : Account reports as OPEN with " Open/Never late '' status, {$330.00} balance, 110 % credit utilization. 
CRITICAL IMPOSSIBILITY : Your Report ( Experian ) : Status : OPEN Payment status : " Open/Never late '' Balance : {$330.00} ( updated XX/XX/XXXX ) Last payment : XX/XX/XXXX Shows current payment history through XX/XX/XXXX XXXX  Report : Status : CLOSED Payment status : " Charged off as bad debt '' Balance : {$120.00} Last payment : XX/XX/XXXX XXXX  Report XXXX Status : CLOSED Payment status : " Charge-off '' Balance : {$120.00} Shows 30 and 60-day late payments XXXX XXXX LEGAL VIOLATIONS : A. Physical Impossibility - Account Can not Be Both Open and Closed Under principles of basic logic and FCRA 1681e ( b ), an account can not simultaneously be : OPEN, current, with balance of {$330.00} ( your report ) CLOSED, charged off, with balance of {$120.00} ( XXXX  & XXXX  ) In XXXX v. Trans Union , LLC, 617 F.3d 688 ( XXXX XXXX. XXXX ), the Third Circuit held CRAs liable for " obvious inaccuracies. '' A OPEN vs. CLOSED discrepancy is the definition of obvious. 
B. Contradictory Payment Histories- Same Time Period Your report shows : XX/XX/XXXX : Current XX/XX/XXXX : Current XX/XX/XXXX : Current ( balance {$330.00}, last payment XX/XX/XXXX ) XXXX  shows : XX/XX/XXXX : 30 days late XX/XX/XXXX : 60 days late XX/XX/XXXX : Charged off These can not both be true. The same account can not be current on one bureau while simultaneously 30-60 days late on another.

C. Timeline Impossibility Account opened : XX/XX/XXXX Your report : Shows continuous on-time payments from XX/XX/XXXX through XX/XX/XXXX ( 9 months of perfect history ) XXXX  : Show late payments and charge-off by XX/XX/XXXX For an account to be charged off, it typically requires 180 days of delinquency. Yet your report shows perfect payment history. This timeline impossibility renders the account unverifiable under XXXX v. Experian Information Solutions, 386 F.3d 829 ( XXXX Cir. XXXX ). 
D. Credit Limit Violation - 110 % Utilization Your report shows : Credit limit : {$300.00} Balance : {$330.00} Utilization : 110 % A secured card should not allow charges beyond the credit limit. This " over-limit '' status suggests : Account is actually in default ( supporting XXXX ) Data corruption Fraudulent activity E. Failed Investigation Despite Obvious Error Under XXXX XXXX. Branch Banking & Trust Co. , 526 F.3d 142 ( XXXX XXXX. XXXX ), when faced with obvious discrepancies, CRAs must conduct enhanced investigations beyond automated verification. The stark OPEN vs. CLOSED conflict should have triggered : Direct creditor contact Cross-bureau verification Account status confirmation Your failure to identify this impossibility constitutes negligent or willful non-compliance. 
DEMAND : Immediately and permanently delete the XXXX XXXX  account. 


FRAUD ALERT AND SECURITY CONCERNS Your report contains extensive fraud alert notation : " ID SECURITY ALERT : FRAUDULENT APPLICATIONS MAY BE SUBMITTED IN MY NAME OR MY IDENTITY MAY HAVE BEEN USED WITHOUT MY CONSENT TO FRAUDULENTLY OBTAIN GOODS OR SERVICES. DO NOT EXTEND CREDIT WITHOUT FIRST VERIFYING THE IDENTITY OF THE APPLICANT. '' This active fraud alert strengthens all disputes because : Enhanced Scrutiny Required : Under 15 U.S.C. 1681c-1, active fraud alerts require additional verification procedures Account Validity Questions : Accounts opened or updated during fraud alert period require independent verification Identity Theft Prevention : The stark inconsistencies across bureaus suggest potential identity theft or account fraud XXXX XXXX specifically : Opened XXXX XXXX XXXX ( during/after fraud concerns ) Shows contradictory status across bureaus Suggests potential fraudulent opening XXXXXXXX XXXX XXXXXXXX : Activity continuing past last payment date May involve identity theft The presence of an active security alert requires you to exercise heightened care in verifying disputed information under FCRA 1681c-1. 

LEGAL AUTHORITY FOR MANDATORY DELETION Supreme Court Precedent 1. Safeco Insurance Co. of America v. XXXX, 551 U.S. 47 ( XXXX ) Establishes " maximum possible accuracy '' standard ; failures are actionable. 
2. TRW Inc. v. XXXX, 534 U.S. 19 ( XXXX ) Confirms consumers ' absolute right to dispute inaccurate information. 
Circuit Court Authority 3. XXXX v. XXXX & XXXX, LLP, 584 F.3d 1147 ( XXXX Cir. XXXX ) Inconsistent reporting across bureaus creates presumption of inaccuracy. 
4. XXXX v. Trans Union , LLC, 617 F.3d 688 ( XXXX Cir. XXXX ) CRAs liable for " obvious inaccuracies '' - OPEN vs. CLOSED is obvious. 
5. XXXX v. Branch Banking & Trust Co., 526 F.3d 142 ( XXXX Cir. XXXX ) Requires enhanced investigation beyond automated verification when discrepancies exist. 
6. XXXX v. Experian Information Solutions, 386 F.3d 829 ( XXXX Cir. XXXX ) Timeline impossibilities and contradictions render accounts unverifiable. 
7. XXXX v. Trans Union Corp., 115 F.3d 220 ( XXXX Cir. XXXX ) CRAs must conduct adequate investigations, not merely accept furnisher data. 
8. XXXX v. Capital Associated Industries , Inc., 257 F.3d 409 ( XXXX Cir. XXXX ) Requires consistent application of reporting standards. 
Statutory Requirements 9. 15 U.S.C. 1681e ( b ) - Reasonable procedures for maximum possible accuracy 10. 15 U.S.C. 1681i - Duty to investigate disputes within 30 days 11. 15 U.S.C. 1681s-2 - Furnisher duties regarding accuracy 12. 15 U.S.C. 1681c - Obsolete information requirements 13. 15 U.S.C. 1681c-1 - Identity theft prevention ; fraud alerts DEMAND FOR COMPLIANCE Pursuant to 15 U.S.C. 1681i ( a ) ( 1 ) ( A ), you have 30 days from receipt of this letter to : INVESTIGATE each disputed item with enhanced scrutiny given : Active fraud alert on file Material inconsistencies across bureaus Previous disputes noted as unresolved DELETE all inaccurate, unverifiable, or inconsistent information : Both Department of Education accounts XXXX  XXXX XXXX charged-off account XXXX Bank account ( can not be both open and closed ) PROVIDE written results of investigation including : Method of verification used Contact with furnishers documented Updated credit report showing deletions NOTIFY all entities who received my report in past 6 months of deletions INVESTIGATION REQUIREMENTS- NOT AUTOMATED VERIFICATION Your investigation MUST include : Direct Creditor Contact : Can not rely solely on ACDV ( Automated Consumer Dispute Verification ) Must speak with furnishers given severity of discrepancies Must obtain documentation of account status Cross-Bureau Analysis : Compare your data with XXXX  and XXXX  Identify and resolve material inconsistencies Document why same accounts show different statuses Fraud Alert Compliance : Apply enhanced verification under 15 U.S.C. 1681c-1 Verify accounts weren't opened fraudulently Confirm account status with heightened scrutiny Timeline Verification : Verify XXXX Bank account status ( open vs. closed ) Verify Department of Education payment status Resolve mathematical impossibilities ( last payment XXXX, yet current status ) NOTICE OF INTENT Failure to properly investigate and delete inaccurate information will result in : Administrative Actions : Complaint to Consumer Financial Protection Bureau ( CFPB ) Complaint to Federal Trade Commission ( FTC ) Report to state Attorney General Legal Actions : Suit for willful non-compliance under FCRA 1681n : Actual damages Statutory damages $ XXXX {$1000.00} per violation Punitive damages Attorney 's fees and costs Suit for negligent non-compliance under FCRA 1681o : Actual damages Attorney 's fees and costs Enhanced Damages : Previous disputes not properly resolved increases exposure Active fraud alert violations carry additional penalties Multiple violations = multiple statutory damages CONSUMER RIGHTS ASSERTION I am exercising my rights under : Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ) Credit Repair Organizations Act ( 15 U.S.C. 1679 et seq. ) Identity Theft Prevention Act ( 15 U.S.C. 1681c-1 ) This constitutes formal notice of dispute under federal law. All disputed items must be verified with contemporaneous documentation or permanently deleted within 30 days. 
The presence of an active fraud alert requires enhanced verification procedures for all disputed items. 

I demand your immediate compliance with federal law. 
Sincerely, XXXX XXXX XXXX Sole Beneficiary/Grantor/ Principal/ Executor of XXXX XXXX XXXX XXXX XXXX XXXX ALL RIGHT RESERVED UCC1-308 LEGAL NOTICE : This letter creates a legal record under FCRA. Retain all documentation. Your response and actions ( or inaction ) may be used as evidence in administrative complaints or civil litigation.

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