Consumer complaint received 2025-10-24 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc.
State: GA

Complaint narrative:
I filed a consumer arbitration with the XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Case No. XXXX ) regarding an alleged credit-card debt that Experian continues XXXX report. 

On XX/XX/XXXX, XXXX confirmed that my arbitration was accepted with a fee-waiver granted for my portion and invoiced XXXX  for their required {$370.00} business fee. 

On XX/XX/XXXX, XXXX issued a closure notice under Consumer Arbitration Rule R-10 ( b ) because XXXX and XXXX failed to pay their required fees. XXXX formally declined to administer the case and warned that their non-payment violated XXXX  consumer-arbitration policies. 

This refusal to pay is legally significant. Under the Federal Arbitration Act ( FAA ), 9 U.S.C. 2 et seq., an arbitration clause is a binding contract. When a business refuses to pay required arbitration fees after a consumer properly invokes arbitration, courts hold that refusal to be a material breach and default of the arbitration agreement, waiving any right to enforce the underlying debt. See Sink v. Aden Enterprises , Inc., 352 F.3d 1197 ( 9th Cir. XXXX ) ( A party that fails to pay required arbitration fees defaults in arbitration. ) ; Brown v. Dillards Inc., 430 F.3d 1004 ( 9th Cir. XXXX ) ( finding that refusal to arbitrate constitutes breach of the arbitration agreement ) ; and Pre-Paid Legal Services , Inc. v. Cahill, 786 F.3d 1287 ( 10th Cir. XXXX ) ( holding that failure to pay arbitration fees bars further enforcement ). 

These precedents establish that once a company refuses to participate or fund arbitration, the debt becomes legally unenforceable in any forum. The creditor and collector lose the contractual right to sue, collect, or continue to represent the account as owed. Consequently, any ongoing reporting of a balance, delinquency, or charge-off misrepresents the legal status of the account. 

Despite this, Experian continues to publish and verify both the XXXX collection tradeline and the original-creditor charge-off, which are now factually and legally inaccurate : XXXX XXXX XXXX  entry falsely implies a collectible obligation after the collector defaulted under the arbitration clause.

2. The original-creditor charge-off is derivative of that same extinguished obligation ; once the debt buyer defaulted in arbitration, the originating creditors charged-off/sold status no longer represents a legally valid liability. Keeping both entries double-reports a debt that no longer exists as an enforceable claim.

These actions violate multiple federal statutes : FCRA 1681i ( a ) ( 1 ) ( A ) requires deletion of unverifiable or inaccurate information ; FCRA 1681s-2 ( b ) requires furnishers to reasonably investigate and delete inaccurate data ; FDCPA 1692e ( 2 ) ( A ) and 1692f prohibit misrepresenting a debts legal status and using unfair practices ; and CFPA 12 U.S.C. 5536 ( a ) ( 1 ) ( B ) prohibits deceptive or unfair acts or practices in consumer-reporting and credit-collection activities. 

Because the XXXX officially closed the case for business non-payment, no party can verify, enforce, or lawfully represent this account as owed. Under the Fair Credit Reporting Act and controlling case law, Experian must delete both the XXXXt collection tradeline and the associated original-creditor charge-off to restore factual accuracy. 

Attachments : XXXX Fee Request ( XX/XX/XXXX fee waiver granted ) XXXX Closure Letter ( XX/XX/XXXX business defaulted on payment )

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