Consumer complaint received 2024-06-26 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: CA

Complaint narrative:
I obtained my Experian credit report online. There were U.S. Bankruptcy Court items listed on my credit report. Per the FCRA 623 ( a ) ( 5 ) : If the Credit Bureau can not validate information with the original creditor, they must remove said information from the consumer credit file.

The Bankruptcy Court and PACER mailed me letters which emphatically stated that they do not provide any information to credit reporting agencies, nor do they ever validate and/or confirm public records. It is the credit reporting agencies, and/or other third party providers who collect information regarding public cases from public records. As you know public records information is never validated by the Recorder of Deeds nor the U. S. Court system due to the Fair Credit Reporting Agency privacy law.

My inquiry to the U. S. Bankruptcy Courts and PACER confirmed Experian has never validated or verified these public record entries on my credit report, neither will they ever be by them. They further stated while they are not liable or responsible for any misuse or incorrect public records, nor the distribution of said information, public records may, and often times are, reported by third party sources unaware to the consumer, and in most cases, incorrectly. I have requested numerous times that Experian upholds their fiduciary duties and handle my consumer file properly, remove all negative items and any reinsertions from my reporting file per 15 USC 6801 ( b ). Letters requesting such were sent on XX/XX/XXXX, XX/XX/XXXX and XXXX date Experian has refuse to uphold their duty and properly remove the requested information. For my last attempt I sent a letter on XX/XX/XXXX again requesting removal of all negative accounts and any reinsertion of accounts as well as opting out per 15 USC 6508.

I have and will continue to closely monitor my credit file. Im aware per the Federal Law they have exactly 30 days to complete this investigation as outlined per the Fair Credit Reporting Act 623 ( a ) ( 3 ). Per the Federal Credit Reporting Act, Section 609 ( a ) ( 1 ) ( a ), they are required by federal law to verify through physical verification of the original signed consumer contract and/or judgment ( s ) all accounts and public information that they post on anyones credit report. Otherwise, anyone paying for their reporting services could fax, mail, email in fraudulent and erroneous account information. Ive already notified Experian if this unauthorized public record information wasn't deleted from my credit report within 30 days, I would be filing a complaint to the Consumer Financial Protection Bureau, which is what I'm doing now. 

I have attached supporting documents to show inaccuracies between Experian, XXXX and XXXX and how they are all in violation of 15 USC 1681, inaccurate reporting. Also credit report showing how Experian removed and the reinserted deleted information.

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