Consumer complaint received 2025-05-11 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc.
State: NY

Complaint narrative:
I write to dispute and demand correction of multiple inaccurate items in my XXXX  credit file, namely unverified latepayment entries on the abovereferenced XXXX XXXX account. Under federal law, I further demand validation of the underlying debt. Please treat this letter as both ( 1 ) a dispute under the Fair Credit Billing Act and Fair Credit Reporting Act, and ( 2 ) a debt validation request under the Fair Debt Collection Practices Act. account number XXXX, date opened was on XX/XX/XXXX, and the balance on the account XXXX with a credit limit of XXXX furthermore this debt has been charged off and is still actively being reported as the account is still active. Said consumer was never sent a 1099-C stating the debt has been cancelled. which violate a few more public policies False or Misleading Representations ( 15 U.S.C. 1692e ), 1692e ( 2 ) ( A ) : Prohibits falsely representing the character, amount, or legal status of a debt. 1692e ( 8 ) : Prohibits communicating or threatening to communicate credit information which is known or which should be known to be false.If a collector is reporting a chargedoff account that you do not oweor if they misstate the amount or statusyou can demand deletion under 1692e ( 8 ). Likewise, if they imply the debt is enforceable in court when its stale or legally unenforceable, thats a 1692e ( 2 ) violation.

Unfair Practices ( 15 U.S.C. 1692f ), Prohibits unfair or unconscionable means to collect a debt.Reporting a debt to credit bureaus without first validating it, or repeatedly reporting stale or legally barred debts, can be deemed unfair under 1692f. I can threaten an FDCPA 1692f claim unless they remove the account.

1. Fair Credit Billing Act Violation ( 15 U.S.C. 1666b ( a ) ) XXXX XXXX  reporting of unverified late payments violates 15 U.S.C. 1666b ( a ), which prohibits furnishers from asserting that billing errors are correct when they have not substantiated their accuracy. In XXXX XXXX XXXX XXXX, XXXX. XXXX ( XXXX Cir. ), the XXXX XXXX held that furnishing unverified or erroneous billing information exposes creditors to liability for any resulting damages. Accordingly, you must delete or correct these unverified latepayment entries immediately.

2. Fair Credit Reporting Act Violation ( 15 U.S.C. 1681s-2 ) This is not my first dispute of these entries. Under FCRA 623 ( a ) ( 8 ) ( b ), furnishers must conduct a reasonable reinvestigation and cease reporting any information that can not be verified. By continuing to report the same inaccuracies, XXXX XXXX and TransUnion have failed in your statutory duty. See XXXX XXXX TransUnion XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), which confirms CRA liability where reinvestigations are inadequate. I demand that you reinvestigate and delete or correct the disputed latepayment records under 15 U.S.C. 1681i ( a ) ( 5 ).

3. Debt Validation Request under FDCPA ( 15 U.S.C. 1692g ) Pursuant to 15 U.S.C. 1692g, I hereby request validation of this alleged debt. Please provide, in writing : The amount of the debt claimed ; The name and address of the current creditor ( XXXX XXXX XXXX and, if different, the original creditor ; A detailed statement of the consumers right to dispute the debt within 30 days of your receipt of this notice, including : A statement that unless I dispute in writing within 30 days, the debt will be assumed valid ; A statement that, upon timely dispute, you will provide verification of the debt ; A statement that, upon my request, you will furnish the name and address of the original creditor ; Copies of all documents bearing my signature that allegedly obligate me to pay the debt ; and A complete payment history showing the dates and amounts of all charges, payments, and credits applied to this account. 
Until you have provided proper validation, you must cease all collection activities and remove any adverse entries related to this debt from my credit reports. 

XXXX. Reservation of Rights and Damages As a result of these reporting errors and your failure to validate the debt, I have suffered : A decreased XXXXredit score and increased borrowing costs ; Denials and delays in credit applications ; Loss of time and emotional distress.

I reserve all rights to seek actual, statutory, and punitive damages, as well as attorneys fees, under the FCRA and FDCPA for willful and negligent noncompliance.

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