Consumer complaint received 2025-02-21 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc.
State: CA

Complaint narrative:
I am filing this follow-up complaint to my previous CFPB dispute, which was originally filed against the U.S. Department of Education regarding misrepresentation of an alleged XXXX loan balance. I have since been informed that XXXX is managing this account, handling collections, and reporting this balance to credit bureaus. 

This complaint is now directed against both XXXX and the Department of Education : XXXX, as the servicer, is responsible for verifying the debt, maintaining accurate credit reporting, and handling refunds of excess credit balances. 
The Department of Education is responsible for oversight and ensuring its servicers ( XXXX ) comply with federal laws. 
Despite multiple disputes, XXXX has failed to provide certified verification of this debt, continues to report an excess credit balance as a debt, and refuses to refund my credit balance per federal law ( 15 U.S.C. 1666d - TILA ). 

This constitutes violations of the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), Truth in Lending Act ( TILA ), and Federal Trade Commission ( FTC ) consumer protection laws. 

2. Details of Violations A. Failure to Verify Debt ( FDCPA & UCC Violation ) 15 U.S.C. 1692g ( b ) ( FDCPA ) requires a debt to be properly validated upon dispute.

UCC 9-210 grants me the right to full accounting. 
I have repeatedly requested XXXX to provide certified accounting records, the original promissory note, or any legally valid proof of debt. 
XXXX has refused to provide such documents, violating federal law. 
B. False Credit Reporting ( FCRA Violation ) XXXX continues to report an inaccurate balance as debt to credit bureaus. 
Experian XXXX XXXX dispute results confirm that my dispute has not resulted in proper verification or removal of the balance.

This is a direct violation of FCRA 15 U.S.C. 1681s-2 ( a ), which prohibits reporting false or unverified debt. 
C. Failure to Refund Excess Credit Balance ( TILA Violation ) 15 U.S.C. 1666d ( Truth in Lending Act - TILA ) mandates that excess credit balances must be refunded upon request. 
I have made multiple formal requests to XXXX for a refund, and they have ignored them. 
This failure to refund proves that no debt actually exists, making their continued collection and credit reporting fraudulent. 
D. Deceptive Business Practices & Department of Educations Failure to Regulate Servicer ( FTC Violation ) Misrepresenting an excess credit balance as debt violates 15 U.S.C. 45 ( FTC Act ), which prohibits unfair and deceptive financial practices. 
The Department of Education has failed to ensure that its loan servicer ( XXXX ) complies with federal consumer protection laws, making them accountable for regulatory failure. 
3. Supporting Evidence Attached - XXXX XXXX XXXX XXXX  XX/XX/XXXX ) Confirms that my disputed XXXX  balance remains, despite no proof of debt. 
-Experian Dispute Results ( XX/XX/XXXX ) Shows XXXX failure to verify the debt and continued inaccurate reporting. 
- Previous CFPB Complaint ( XX/XX/XXXX ) Demonstrates XXXX and the Department of Educations failure to address my original dispute. 
- Correspondence with XXXX XXXX of my requests for debt verification and refund of excess credit balances, which were ignored. 

4. Resolution Sought I request that the CFPB take enforcement action against XXXX and the Department of Education for the following violations : Immediate removal of the unverified debt from my credit reports under FCRA 15 U.S.C. 1681s-2 ( a ). 
A full refund of the excess credit balance per TILA 15 U.S.C. 1666d. 
An official response from XXXX and the Department of Education providing certified debt validation and full accounting records under UCC 9-210. 
Fines and penalties against XXXX for deceptive business practices under 15 U.S.C. 45. 
If XXXX and the Department of Education fail to respond within 10 days, I will escalate this matter to : The Office of the Comptroller of the Currency ( OCC ) for violations of federal banking laws. 
The Federal Trade Commission ( FTC ) for deceptive business practices. 
The Department of Justice ( DOJ ) for potential bank fraud, wire fraud, and racketeering violations under 18 U.S.C. 1341, 1343, and 1962. 
I appreciate the CFPBs urgent attention to this matter. 

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