Consumer complaint received 2025-10-13 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: FL

Complaint narrative:
Subject : Wrongful and Unauthorized Repossession Violation of FCRA and Florida Repossession Law Summary of Complaint I am filing this complaint to report a wrongful and unlawful repossession of my personal property a jXXXX XXXX financed through XXXX XXXX and the subsequent inaccurate and damaging credit reporting that followed. 

In 2025, I initially inquired about voluntarily surrendering the financed XXXX XXXX  to XXXX XXXX. However, before signing any documents or completing any surrender, I explicitly informed both the tow operator and XXXX XXXX that I had changed my mind and withdrawn my consent to the voluntary repossession. 

Despite this clear withdrawal, the tow truck company proceeded to take possession of the XXXX XXXX without any signed voluntary surrender agreement and without legal authority to seize the property, as no default existed on the account at that time. 

I also contacted local law enforcement during the incident to document that I was revoking consent and that the repossession was being carried out against my express wishes. 

Violations of Florida Law Under Florida Statutes 679.609 ( 2 ), a secured party may take possession of collateral only after default, and without judicial process only if it proceeds without breach of the peace.

After default, a secured party may take possession of the collateral without judicial process if it proceeds without breach of the peace. Fla. Stat. 679.609 ( 2 ) ( b ) At the time of the repossession : No default existed ; my payments were current and in good standing.

I had not signed or executed a voluntary surrender or consent to repossession.

The repossession was unauthorized, violating my rights under Florida law, as the lender had no legal authority to take possession absent a default or judicial order.

Therefore, the repossession was unlawful and invalid unde

r Floridas Uniform Commercial Code provisions. Failure to Provide Required Post-Repossession Notices Additionally, after the repossession, I was never provided with a notice of sale or a deficiency balance notice, both of which are required under UCC 9-611 and UCC 9-614 . These statutes mandate that a secured party must send the debtor a reasonable authenticated notification of disposition before the sale or disposition of the collateral, and must include a clear explanation of the amount owed and the debtors right to redeem. UCC 9-611 ( b ) A secured party that disposes of collateral under Section 9-610 shall send to the debtor a reasonable authenticated notification of disposition. UCC 9-614 ( 1 ) The notification must describe the debtor and the secured party, the collateral, the method of intended disposition, and state that the debtor is entitled to an accounting of the unpaid indebtedness and the charge, if any, for an accounting. This failure deprived me of my statutory right to redeem the vehicle or understand the amount allegedly owed, and constitutes another material violation of both state and federal law. The account is now being reported to the credit bureaus inaccurately and without proper documentation, further violating the Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ), which prohibits the furnishing of information known to be inaccurate or unverified. 


Violations of the Fair Credit Reporting Act ( FCRA ) The subsequent reporting by XXXX XXXX of : a repossession, and late or delinquent payment information, constitutes a violation of the FCRA, XXXX XXXX. XXXX ( a ) ( XXXX ) ( A ), which prohibits the furnishing of information known or believed to be inaccurate to consumer reporting agencies. 

A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S.C. 1681s2 ( a ) ( 1 ) ( A ) Additionally, under 1681i ( a ), credit bureaus are required to reinvestigate disputed information and delete or correctany data that can not be verified as accurate within 30 days.

Given that : There was no lawful repossession under Florida law ; No default or late payment occurred at the time; and I withdrew consent prior to any surrender being completed ; XXXX XXXX reporting of a repossession and late payment is factually and legally inaccurate under federal law. 


Requested Action I am requesting the following corrective actions under federal and state law : Immediate removal of the repossession remark and any related late payment notations from my credit reports with Experian, XXXX, and XXXX.

Correction of my payment history to reflect on-time payments and no default status as of [ insert date ]. 
A written confirmation from XXXX XXXX verifying that the repossession was conducted in error and has been reported for deletion. 
A full investigation by the CFPB into the lenders and tow companys unlawful conduct in taking possession of collateral without default or consent. 

Conclusion This repossession and subsequent credit reporting represent a clear violation of Florida repossession law ( 679.609 ), UCC 9-611 and 9-614, and the Fair Credit Reporting Act ( 1681s-2, 1681i ). 

Name : XXXX XXXX Account Name XXXX XXXX XXXX Account Number XXXX

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