Consumer complaint received 2025-01-15 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: IL

Complaint narrative:
Subject : Formal Response to Experian Regarding Identity Theft and Blocking of Accounts To Whom It May Concern, This letter is in response to Experian 's decision to decline my request to block certain items from my credit report due to identity theft. I firmly assert that Experian is violating my rights under the Fair Credit Reporting Act ( FCRA ) by refusing to block these accounts despite the submission of a valid Federal Trade Commission ( FTC ) Identity Theft Report and my government-issued identification, as required by law.

Under 15 U.S.C. 1681c-2 ( FCRA Section 605B ), if a consumer submits a valid identity theft report and proper identification, the credit reporting agency ( CRA ) is required to block the reporting of the items related to the alleged identity theft. The law explicitly states that CRAs do not have the right to choose whether or not to block the information upon receipt of these documents. There is no discretion allowed in these circumstances, provided that the appropriate documentation has been submitted, which I have already done. 

Accounts in Question : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX does not have the legal authority to decline my request under Section 605B for any of the reasons stated in your response. The law mandates that CRAs must block disputed items unless there is clear evidence that the identity theft report is fraudulent, which is not the case here. Your claim that the report was " online-generated '' and not " filed with law enforcement '' is factually incorrect and irrelevant. The FTC Identity Theft Report is a legally recognized document under the FCRA. Furthermore, the submission of my identification confirms the legitimacy of my request.

2. FTC Identity Theft Report ComplianceThe FTC Identity Theft Report is a sufficient and valid form of evidence. It does not require additional documentation from law enforcement unless explicitly disputed by Experian with tangible proof of fraud or misrepresentation. No such proof has been presented in your response. Instead, Experian is attempting to impose additional requirements not supported by the FCRA, which constitutes a failure to comply with federal law.

3. Legal Consequences of NoncomplianceBy failing to comply with my request to block these accounts, Experian is in violation of the FCRA, which entitles me to pursue statutory damages of up to {$1000.00} per violation under 15 U.S.C. 1681n. Additionally, this continued reporting of inaccurate information constitutes defamation of character and causes further harm, including loss of credit opportunities, emotional distress, and reputational damage.

4. Notification of Intent to LitigateIf the items in question are not blocked within seven ( 7 ) days of your receipt of this letter, I will have no choice but to file a lawsuit against Experian for : * Violations of 15 U.S.C. 1681c-2 for failing to block information after receiving an FTC Identity Theft Report and proper identification.

* Defamation of character for knowingly and negligently reporting false information.

* Damages under 15 U.S.C. 1681n and 1681o for willful and negligent noncompliance with the FCRA.

This letter serves as your final notice to block the accounts in question. Failure to comply will result in immediate legal action.

Demand for Action : 1. Block the disputed accounts as required by 15 U.S.C. 1681c-2.

2. Provide written confirmation that the accounts have been blocked and that all furnishers have been notified.

3. Cease and desist from reporting these accounts on my credit file.

I urge Experian to promptly address this matter to avoid further legal action. If you have any questions or require additional clarification, you may contact me in writing at the address below. I expect full compliance and a written resolution within four ( 4 ) days. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX 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