Consumer complaint received 2024-12-07 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: CA

Complaint narrative:
Yes, Section XXXX of the Fair Credit Reporting Act ( FCRA ) governs the time period that negative information can remain on your credit report. It outlines the requirements for removal of certain negative items after a specified period, as follows : Key Provisions of Section 605 ( FCRA ) Regarding Credit Reporting : 1. General Time Limitations on Negative Information : Most negative information, such as accounts in collections or charged-off accounts, can remain on your credit report for up to 7 years from the date of the first delinquency that led to the negative status. 

XXXX. Bankruptcies : XXXX XXXX  bankruptcies can remain for 10 years, while XXXX XXXX bankruptcies remain for 7 years. 

3. Fraudulent Accounts : Under Section 605B of the FCRA, if an account is opened fraudulently ( as in the case of identity theft ), you are not liable for the fraudulent debt, and the account must be removed from your credit report once you report the fraud to the credit bureaus. 

4. Inaccurate Information : Any information that is inaccurate or incomplete must be corrected or removed from your credit report after a dispute investigation. If the information can not be verified, it must be removed from your report.

5. Fraud Alerts and Identity Theft Protections : If youve filed a fraud report, you have the right to request a fraud alert or to place a credit freeze, and fraudulent accounts should be removed from your credit report once you present evidence such as a police report and FTC identity theft report.

How This Applies to my Situation : Since I have reported the account as fraudulent ( via the XXXX Police Department report and FTC identity theft affidavit ), Section 605B applies to my case. 

Under the FCRA, once the identity theft is reported and verified, Experian is required to remove the fraudulent account from my credit report, even if XXXX continues to assert the account is valid. 



XXXX. So I'm Contacting Experian Directly : Explicitly reference Section 605B of the FCRA that under the law, the fraudulent account must be removed from your credit report due to the identity theft reports I have filed with the XXXX Police Department and the FTC. 

XXXX. Include Supporting Documents : attach the XXXX Police Report and the FTC Identity Theft Report to to my dispute, as these are key pieces of evidence to support my claim. 

XXXX. I'm Cite FCRA Requirements : Experian Subject : Formal Dispute Request for Removal of Fraudulent Account Under FCRA Section 605B Dear Experian, I am writing to formally dispute the reporting of a XXXX XXXX account ( Account Number : XXXX ) on my credit report. As previously stated, this account was opened fraudulently without my knowledge or consent, and I have provided supporting documentation, including a XXXX Police Department report and an FTC identity theft affidavit. 



Under Section 605B of the Fair Credit Reporting Act ( FCRA ), once I report identity theft and provide documentation confirming the fraudulent nature of the account, you are required to remove the fraudulent account from my credit report. As a victim of identity theft, I am entitled to have this account removed, and I request that you take immediate action to comply with the law. 



Please find attached the following documents for your review : XXXX Police Department Report ( XXXX XXXX : XXXX ). 

FTC Identity Theft Report ( Report Number : XXXX ). 



I kindly request that you promptly update my credit report to reflect the removal of this fraudulent account. If the account can not be verified as legitimate, it must be removed from my credit file in accordance with the FCRA. 



I expect your response within the 30-day timeframe required under the FCRA. Should you fail to take the appropriate action, I will pursue further remedies, including escalating this matter with the Consumer Financial Protection Bureau ( CFPB ) and considering legal options. 



Sincerely,

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