Consumer complaint received 2025-05-25 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc.
State: MO

Complaint narrative:
Date : XX/XX/XXXX Experian XXXX. XXXX XXXX XXXXXXXX XXXX XXXXXXXX RE : Notice of Intent to Sue FCRA Violation Regarding Fraudulent XXXX XXXX Account To Whom It May Concern, This letter serves as formal notice of my intent to initiate legal action against Experian for willful and negligent violations of the Fair Credit Reporting Act ( FCRA ) regarding your continued reporting of a XXXX XXXX account that is the result of identity theft. 

I have previously notified XXXX formal disputes and complaints submitted via the Consumer Financial Protection Bureau ( CFPB ) that I am a victim of identity theft, and the XXXX XXXX account currently appearing on my credit report is fraudulent. Despite receiving appropriate documentation, including my identity theft affidavit, proof of identification, and a written statement disputing the item, Experian has failed to comply with federal law by continuing to report this account. 

Violation of 15 U.S.C. 1681c-2 ( FCRA 605B ) As you are aware, 15 U.S. Code 1681c-2 requires a consumer reporting agency to block the reporting of information resulting from identity theft within XXXX ( XXXX ) business days of receiving : Proof of identity, A copy of an identity theft report ( police report or FTC affidavit ), XXXX of the disputed information, and A statement by the consumer that the item is fraudulent. 

The statute is clear : the account must be blocked first, and then the credit bureau may conduct an investigation if the matter warrants it. The law does not permit the bureau to leave the disputed account on the credit report pending investigation. Your current handling of this matterrefusing to remove the account before investigatingviolates the statute. 

Applicable Case Law In XXXX XXXX Experian Information Solutions XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX. XXXX. XXXX, XXXX ), the court held that failing to block identity theft-related items upon proper notification was a valid cause of action under 1681c-2. The court emphasized that Experian had an affirmative duty to block the information within the specified timeframe once proper documents were received. 

Further, in XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX  XXXX ), the court clarified that credit reporting agencies have a duty to conduct a reasonable investigation when a consumer disputes information on their credit report under 15 U.S.C. 1681i ( a ). The failure to do so can result in both statutory and actual damages. 

Civil Liability Under FCRA By continuing to report the fraudulent XXXX XXXX account, Experian is in violation of both : 15 U.S. Code 1681n Willful noncompliance ( entitling consumers to statutory damages of {$100.00} {$1000.00} per violation, punitive damages, and attorneys fees ), 15 U.S. Code 1681o Negligent noncompliance ( entitling consumers to actual damages and attorneys fees ). 

Demand for Immediate Action I hereby demand that you : Immediately and permanently delete the XXXX XXXX account from my credit report, in compliance with 1681c-2 ; Provide written confirmation of this deletion within XXXX calendar days from the date of this letter. 

If you fail to act as required under the law, I will proceed to file a civil lawsuit seeking all available remedies, including actual damages, statutory damages, punitive damages, and attorneys fees. 

Your obligations under the FCRA are non-negotiable and well-established in both statute and case law. You are now on notice. Kindly note that this letter and all previous documents and complaints submitted through the CFPB will be used as evidence against you in court should the matter deems it. 

Sincerely, 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