Consumer complaint received 2025-07-21 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: TX

Complaint narrative:
Formal Complaint to CFPB FCRA and CARES Act Violations by Experian and XXXX XXXX This is a formal complaint filed against Experian and XXXX XXXX XXXXXXXX, regarding the student loan account reported on my Experian credit report furnished by XXXX XXXX XXXX, Account. This account contains extensive and unlawful credit reporting violations spanning from XX/XX/XXXX to XX/XX/XXXX. These include reporting late payments while it was in forbearance and a build up of lates and a collection status during federally protected periods, causing a cumulative delinquency chain based on an invalid foundation. This violates the Fair Credit Reporting Act ( FCRA ), the CARES Act ( Section 3513 ), and U.S. Department of Education reporting guidance.

1. False Late Reporting During Official Forbearance According to a letter issued by XXXX XXXX XXXX XXXX XXXXXXXX, my account was in official forbearance from XX/XX/XXXX to XX/XX/XXXX. This letter is attached. During this time, I was not required to make payments, and monthly statements were not sent. Despite this, Experian reported the following delinquencies during the protected forbearance period : - XX/XX/XXXX : 30 days late - XX/XX/XXXX : 60 days late - XX/XX/XXXX : 60 days late Because I was in official personal forbearance during this period, I received no billing statements or notices of required payment. Therefore, any claim of delinquency during this time is both inaccurate and unsubstantiated. Reporting late payments when no payments were due or requested constitutes a clear violation of FCRA accuracy requirements and breaches basic principles of contractual fairness. See letter attached.

XXXX XXXX is falsely reporting the forbearance period on my Experian credit report. The comments section of the account reflects " Account in Forbearance '' and " Payment Deferred '' from XX/XX/XXXX to XX/XX/XXXX. However, according to the official forbearance letter issued by XXXX XXXX XXXXXXXX, the correct forbearance period was from XX/XX/XXXX to XX/XX/XXXX. This discrepancy materially misrepresents the timeline and scope of the forbearance and further invalidates any derogatory reporting that occurred within the actual protected window. Such misreporting is deceptive, misleading, and in violation of the FCRAs requirement to report data with maximum possible accuracy.

2. Illegal Delinquency Chain During CARES ACT Suspension Period This loan is a federally held XXXX XXXX, as shown in the attached studentaid.gov account summary, where the XXXX XXXX loan is clearly identified as a XXXX XXXX, which qualifies for protections under the CARES Act as administered by the U.S. Department of Education. As such, it was subject to the payment pause and mandatory current reporting requirements from XX/XX/XXXX through XX/XX/XXXX, regardless of repayment status Although my personal forbearance ended in XX/XX/XXXX, my loan is a federally held XXXX XXXX and remained under CARES Act protections through XX/XX/XXXX. Section 3513 ( c ) of the CARES Act and U.S. Department of Education guidance required all federally held loans to be reported as * current * regardless of payment activity through this time. As stated by the Department of Education : From XX/XX/XXXX, through XX/XX/XXXX, monthly payments were suspended for ED-held student loans ( e.g., all Direct Loan program loans, and FFEL and Perkins Loan program loans held by ED )... In practice, ED placed all such loans in administrative forbearance... Borrowers were not required to make payments ... ED automatically suspended payments. This special administrative forbearance was frequently called the payment pause.

U.S. Department of Education. * COVID-19 Emergency Relief and Federal Student Aid *. Retrieved from https : //studentaid.gov/announcements-events/covid-19 Despite this, Experian reported a new chain of delinquency starting XX/XX/XXXX XXXX - XX/XX/XXXX : 30 days late - XX/XX/XXXX : 60 days late - XX/XX/XXXX : 90 days late - XX/XX/XXXX : 120 days late - XX/XX/XXXX : 150 days late - XX/XX/XXXX : 180 days late These entries violate the CARES Act and must be removed. No billing was issued, and I was still protected under federal law from derogatory reporting. These delinquencies are unverified and structurally invalid. 
Further, federal guidance clearly affirms : EDheld student loans ( e.g., all Direct Loan program loans, and FFEL and Perkins Loan program loans held by ED ) will have their monthly payments suspended. ( In practice, ED is placing all such loans in administrative forbearance. ) During this time, borrowers will not be required to make payments due on their loans.

U.S. Department of Education via XXXX XXXX XXXX XXXX XXXX XXXX XXXX  in the Context of COVID19 *. Retrieved from XXXX XXXX XXXX EDheld loans were placed in a special administrative forbearance ( payment pause ) for XXXX, through XXXX. During this time, borrowers were not required to make payments on their loans.

Congressional Research Service. Federal Student Loan Debt Relief in the Context of COVID19. Retrieved from h
ttps : //www.congress.govXXXX Additionally, the U.S. Department of Education further clarifies : The COVID19 relief for federal student loans has ended. The 0 % interest rate ended XXXX XXXX, XXXX, and payments restarted in XX/XX/XXXX. 
U.S. Department of Education. * COVID-19 Emergency Relief and Federal Student Aid *. Retrieved from https : //studentaid.gov/announcements-events/covid-19 These entries violate the CARES Act and must be removed. No billing was issued, and I was still protected under federal law from derogatory reporting. These delinquencies are unverified and structurally invalid.

3. Invalid Collection Status Resulting from Illegal Delinquency Chain The account is currently reported as being in " Collection '' status as of XX/XX/XXXX ( even though its paid ). This status resulted from a series of delinquencies beginning in XX/XX/XXXX, during a time when the loan was still subject to federal protections. Because the initial 30-day late reported in XX/XX/XXXX occurred during a period of federal protection, it is inaccurate. As a result, all subsequent delinquencies and the resulting collection designation are invalid and must be removed.

Further, beyond the issues most major issues already identified, the account summary reflects that the loan was paid off as of XX/XX/XXXX. Despite this, XXXX XXXX  is reporting the account as being in collection status within the payment history section, which is factually inconsistent and further violates FCRA accuracy standards.

This violates both the FCRA, which prohibit furnishing of inaccurate data and re-aging of accounts. There was no legal basis to report this account as delinquent or in collections through any of this time.

Requested Resolution I am requesting the complete deletion of this tradeline from my Experian credit report. The late payments reported from XX/XX/XXXX through XX/XX/XXXX and the subsequent 180 day lates and collection marks reported all the way to the collection status shown in XXXX are all based on false, unlawful, and unverified data. This account can not be corrected because the foundational delinquency is invalid. The only compliant resolution is full removal.

Enclosed are : - The official forbearance letter from XXXX XXXX XXXXXXXX - Credit report screenshots showing all reported late payments and the XXXX collection status -Account summary for XXXX XXXX Federal Perkins Loan at studentaid.gov Please investigate and take immediate corrective action. I am prepared to escalate this complaint to the Department of Education and federal court if necessary.

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