Consumer complaint received 2025-01-11 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc.
State: NY

Complaint narrative:
CHARGE OFF : I am XXXX XXXX, and I am submitting a formal dispute regarding the XXXX Account # XXXX that appears on my credit report. After carefully reviewing the information, I believe that the reporting of this account is inaccurate and in violation of my rights under the Fair Credit Reporting Act ( FCRA ) and New York State Law. I request that this account be immediately deleted from my credit report, and I have provided the legal foundation for this dispute below.

Legal Grounds for Deletion : 1. Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681 et seq.

Under the Fair Credit Reporting Act ( FCRA ), credit reporting agencies are required to conduct a reasonable investigation when a consumer disputes an item on their report. Specifically : Section 1681i ( a ) ( 1 ) requires that the credit reporting agency promptly investigate the dispute and, if the information is found to be inaccurate or unverifiable, remove it from the report.

Section 1681c ( a ) ( 4 ) mandates the deletion of any information related to charged-off accounts or debts that have been paid or forgiven after seven years from the date of the first delinquency. If this account has been charged off, or if it has been reported incorrectly, it should no longer appear on my report.

2. New York State General Business Law - Article 26 As a resident of New York, I am afforded the right under New York General Business Law ( Section 380-b ) to ensure that all credit reporting is accurate and reflects correct information. If an account is inaccurately reported or contains incorrect details, I am entitled to dispute the inaccuracies and have them corrected or deleted promptly.

3. Request for 1099-C Form If this account was charged off or forgiven, I request that a 1099-C Form be sent to me, as required by the Internal Revenue Code ( Section 6050P ). The 1099-C is the official document used to report the cancellation of debt, and it substantiates my claim for the removal of this account from my credit report.

Request for Immediate Action : 1. Immediate Deletion : I request that the XXXX Account # XXXX be removed from my credit report in accordance with the FCRA and New York State Law , as it has been incorrectly reported.

2. 1099-C Form : If this debt has been charged off or forgiven, I further request that the 1099-C Form be sent to me to validate the cancellation of the debt.

3. Action Timeframe : According to the FCRA, credit reporting agencies have 30 days to resolve a dispute. I expect the immediate removal of this account from my credit report within this time frame. 

I am requesting immediate action to resolve this matter and delete the XXXX Account # XXXX from my credit report. Please review the documentation I have submitted, and ensure that my credit report is updated to reflect accurate and correct information in compliance with all applicable laws. 
I expect a written confirmation that this issue has been resolved in full compliance with the FCRA and New York State Law within the legally prescribed 30-day period.

1. Request for 1099-C : The request for the 1099-C Form makes sure that any cancellation of debt is properly documented and substantiated.

2. Firm Deadlines : The letter explicitly requests action within 30 days, which aligns with the FCRAs dispute resolution timeline.

3. Consequences : It is clearly stated that legal action will be considered if the dispute is not resolved within the required time. 

LATE PAYMENT : I am [ XXXX XXXX ], and I am writing to formally dispute the incorrect information appearing in my credit report for the account XXXX XXXX # XXXX. Despite disputing this same error multiple times previously, the incorrect information continues to appear on my credit reports. This issue violates my rights under the Fair Credit Reporting Act ( FCRA ) and consumer protection laws in New York, which mandate the accurate and timely correction of erroneous information. 
Therefore, I am submitting this formal dispute to request immediate correction of the information in question. 
XXXX. Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681 et seq.

The FCRA mandates that credit reporting agencies maintain accurate and complete records. This includes the correction or removal of any erroneous information promptly upon dispute.

Section 1681i ( a ) ( 1 ) : The FCRA establishes that consumers have the right to dispute any errors on their credit report. The credit bureau must investigate and correct any inaccuracies within 30 days.

Section 1681i ( a ) ( 2 ) : If a dispute is resolved in favor of the consumer, the credit reporting agency must delete the incorrect information and notify the consumer of the correction.

Section 1681i ( a ) ( 6 ) : If the credit reporting agency determines the information is incorrect, they must notify the consumer within 5 days after the resolution.

New York General Business Law - Article 26 ( Consumer Credit Protection Law ) The New York General Business Law ensures that credit bureaus provide consumers with the opportunity to dispute erroneous information and require them to correct incorrect information promptly and accurately.

Section 380-b : This section reinforces the consumers right to dispute the accuracy of any information on their credit report and requires credit bureaus to conduct an exhaustive investigation and correct any errors.

3. Right to Correction and Removal of Erroneous Information According to FCRA ( 15 U.S.C. 1681e ( b ) ), credit bureaus are required to have procedures in place to ensure that the information reported is accurate. If erroneous information, such as a late payment, is reported, they have the duty to correct it immediately.

4. Burden of Proof and Responsibility of Credit Bureaus Under the FCRA, credit bureaus can not ignore disputes by consumers. Once a consumer files a reasonable dispute regarding the accuracy of information on their credit report, the credit bureaus are required to demonstrate the accuracy of the information. If they fail to do so, they are obligated to remove it from the credit report.

Immediate correction of the late payment reported on my credit report. The information is inaccurate and does not reflect my true payment history.

Removal of the incorrect entry from the credit report and update my file with the correct information, in compliance with my rights under the FCRA and New York law.

Written confirmation that the information has been corrected and will not appear again on my credit report in the future.

informe personal I am writing to formally dispute the inaccuracies present in my credit report. Despite having submitted the necessary documents, including my identification ( ID ), Social Security Number ( SSN ), and a recent bill verifying my current address, the errors in my report have not been corrected. Additionally, I have made several attempts to contact you by phone and sent certified letters, but the errors in my report remain unresolved.

Key Points of the Dispute : 1. Fair Credit Reporting Act ( FCRA ) Compliance : Under Section 609 ( a ) ( 1 ) of the FCRA, I have the right to request the correction of any errors on my credit report. I have provided all necessary documentation, including copies of my ID, SSN, and a recent bill that verifies my current address. However, XXXX has failed to adequately correct this information. This non-compliance is a direct violation of my rights under the FCRA.

2. Fair Debt Collection Practices Act ( FDCPA ) Violation : Under the Fair Debt Collection Practices Act ( FDCPA ), it is unlawful to maintain incorrect information on my credit report without verifying its accuracy. This situation represents a violation of the FDCPA, as the persistent errors have not been corrected, which is negatively impacting my credit report.

3. Violation Under New York General Business Law ( NYGBL ) : According to the New York General Business Law, particularly Sections 380-a to 380-j, XXXX is required to ensure that my credit report is accurate and truthful. My rights as a New York consumer have been violated by the failure to correct errors in my report after I submitted the necessary documentation. This failure to act represents a breach of state law.

4. Request for Compensation for Damages : Due to the failure to correct the inaccuracies in my credit report and the ongoing damage caused to my financial and personal well-being, I am requesting compensation for the damages caused by this situation. The continued presence of inaccurate information has affected my ability to obtain credit at fair terms, caused emotional distress, and has negatively impacted my financial well-being. Therefore, I am requesting a compensation of {$1000.00} for the economic and emotional distress this issue has caused me.

5. Legal Action in Case of Non-Compliance : If XXXX does not correct this information within the 30-day period prescribed by the FCRA, I will take immediate legal action to seek compensation for the damages I have suffered. This compensation will include a lawsuit for emotional distress and the economic effects this incorrect information continues to have on my life. I will also file a complaint with the CFPB ( Consumer Financial Protection Bureau ) and the appropriate New York authorities to enforce my rights.

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