Consumer complaint received 2025-06-09 00:00:00
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc.
State: LA

Complaint narrative:
* * CEASE AND DESIST LETTER * * * * VIA CERTIFIED MAIL & EMAIL ( RETURN RECEIPT REQUESTED ) * * * * To * * : * * Experian * * P.O. XXXX XXXX XXXX, TX XXXX * * TransUnion * * P.O. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  * * Re * * : * * Unlawful Reporting of Child Support Information Violation of the Fair Credit Reporting Act ( FCRA ) XXXX XXXX. * * Dear XXXX XXXX Agencies, I am writing to formally demand that you * * immediately cease and desist * * from unlawfully reporting any child support-related information ( including arrears, payment history, or enforcement actions ) pertaining to * * XXXX XXXX * *. Your continued reporting of this information without proper legal authority and verification constitutes a * * willful violation of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., as well as other federal and state consumer protection laws. * * # # # * * Legal Violations & Basis for Demand * * # # # # * * XXXX. Child Support Reporting Violates the XXXX Permissible Purpose Requirements ( 15 U.S.C. 1681b ) * * - Under * * 15 U.S.C. 1681b * *, consumer reporting agencies may only furnish a credit report for * * permissible purposes * *, such as credit transactions, employment, or insurance underwriting. 
- * * Child support obligations are not debts incurred voluntarily for consumer purposes * * and thus * * do not fall under permissible uses of credit reporting * * under 1681b.

- * * Case Law * * : - * * Mabe v. G.C. ServiceXXXX XXXX * *, XXXX XXXX XXXX ( XXXX Cir. XXXX ) Held that child support obligations are * * not " consumer debts '' * * under the FCRA. 
- * * XXXX XXXX XXXX XXXX XXXX XXXX XXXX * *, XXXX XXXX XXXX ( XXXX. XXXX. ) Found that reporting child support as a tradeline is * * misleading and violates accuracy requirements * *. 
# # # # * * 2. Failure to Maintain Maximum Possible Accuracy ( 15 U.S.C. 1681e ( b ) ) * * - The FCRA requires that credit reporting agencies * * follow reasonable procedures to ensure maximum possible accuracy * * ( 15 U.S.C. 1681e ( b ) ).

- Child support reporting is * * often inaccurate * * due to : - * * Lack of real-time updates * * from state agencies. 
- * * Failure to distinguish between arrears and active obligations. * * - * * Misreporting of disputed amounts. * * - * * XXXX XXXX * * : - * * XXXX v. TransUnion * *, XXXX XXXX XXXX ( XXXX Cir. XXXX ) CRAs must verify disputed information with * * original sources * * ( e.g., courts or state agencies ). 
- * * XXXX v. XXXX XXXX XXXX * *, XXXX XXXX XXXX ( XXXX Cir. XXXX ) CRAs can not rely on unverified third-party data. 

# # # # * * XXXX. XXXX XXXX of XXXX XXXX ( XXXX XXXX. XXXX ( f ) ) * * - * * Child support enforcement agencies are not permissible users * * of credit reports under * * XXXX ( f ) * * unless for a legitimate credit purpose. 
- * * XXXX XXXX * * : - * * XXXX v. XXXX * *, 312 F.3d 357 ( 8th Cir. 2002 ) Unauthorized use of credit reports for non-FCRA purposes is illegal.

# # # # * * 4. Violation of Due Process Rights ( 42 U.S.C. 666 ( a ) ( 7 ) ) * * - While * * 42 U.S.C. 666 ( a ) ( 7 ) * * allows states to report delinquent child support to credit bureaus, * * it does not override FCRA protections * *. 
- * * No court or state agency has provided verified documentation * * authorizing the reporting of this information. 

# # # * * Demand for XXXX XXXX * * Pursuant to * * XXXX XXXX. XXXX * *, you are * * legally required * * to : XXXX. * * Immediately delete all child support-related tradelines, collections, or remarks * * from XXXX XXXX credit file. 
XXXX. * * Cease any future reporting * * of child support data unless you can provide * * court-certified documentation * * proving its accuracy. 
XXXX. * * Provide written confirmation * * of deletion within * * 15 days * * of receiving this letter. 

# # # * * Notice of Intent to Pursue Legal Action * * Failure to comply will result in : - A formal complaint to the * * Consumer Financial Protection Bureau ( CFPB ) * *. 
- A lawsuit for * * willful noncompliance under XXXX XXXX. XXXX * *, seeking : - * * Statutory damages ( {$100.00} {$1000.00} per violation ) * * - * * Punitive damages * * - * * XXXX fees and costs * * This letter serves as * * pre-litigation notice * *. Any further violations will result in immediate legal action.

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