Consumer complaint received 2025-01-11 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: NJ

Complaint narrative:
STATEMENT OF FACTS XXXX. XXXX XXXX originally reported a debt that was later sold to XXXX XXXX XXXX and XXXX was not reporting any charge offs or debt claimed owed. The debt was marked as " charged off '' on my credit report, and I took appropriate steps to address the matter, including filing an arbitration claim against XXXX XXXX XXXX. 
2. Settlement Agreement : In the course of the arbitration process, XXXX XXXX XXXX proposed a settlement, which I accepted. The debt was considered resolved and was removed from my credit report. 
3. Negative Reporting Reinserted : However, despite the settlement and the removal of the debt, XXXX  ( the original creditor ) subsequently reinserted the negative reporting onto my credit file after it was sold to XXXX XXXX XXXX XXXX This action was taken without proper investigation or notice of reinsertion, in direct violation of the Fair Credit Reporting Act ( FCRA ) requirements. 
4. Affidavit of Truth / Proof of Claim Non-Negotiable : An Affidavit of Truth / Proof of Claim Non-Negotiable was sent to XXXX on or about XX/XX/XXXX requesting validation of debt within a specified time frame ( 10 days ) via GAAP ledger actual accounting and verification of their claim against me via a sworn affidavit or hand signed invoice in accordance with the Bill of Exchange Act ( 1882 ) ; Uniform Commercial Codes, Federal Fair Credit Reporting Act and New Jersey Statutes for lawful purposes ; a true and certified copy ( NOT photocopy ) of the Original Note / Credit Agreement and other discoverable items which XXXX  has defaulted upon as of this date. See Exhibit G of Affidavit of Truth /Proof of Claim Non-Negotiable See Exhibit A 5. Failure to Investigate and Correct : I am now contacting Experian to dispute this incorrect reporting, in hopes that my efforts will finally be met without inaction or inadequate responses. Furthermore, I am also filing a complaint with the Consumer Financial Protection Bureau ( CFPB ), to further oversee and investigate this matter as this entry fails to meet the legal requirements of maximum possible accuracy as defined in 15 U.S.C. 1681e ( b ).

6. Violation of FCRA : o Under 15 U.S.C. 1681e ( b ), credit reporting agencies are required to ensure the accuracy of information in consumer reports. Without the original promissory note or equivalent documentation, the maximum possible accuracy can not be met.

o Without the original certificated security or verifiable documentation, the reported debt is legally deficient and must be removed under 15 U.S.C. 1681i o According to 15 U.S.C. 1681s-2, furnishers ( XXXX ) as well as all 3 major credit reporting agencies must report accurate information and correct or delete inaccurate or incomplete information upon notification. o 15 U.S.C. 1681i ( 5 ) mandates that if a
n item is reinvestigated and found to be inaccurate, it must be corrected or removed.

o 15 U.S.C. 1681c ( c ) specifies that negative information can not be reinserted unless the furnisher of the information has certified that the information is accurate, and the reinsertion has been properly handled.

7. Violation of Federal Rules of Evidence [ FRE ] Rule 1002, which mandates the production of the document to prove its contents.

8. Violation of the Uniform Commercial Code U.C.C 8-102 which defines a certificated security and establishes that ownership or entitlement requires possession of the original document or proper assignment.

9. CFPB Lawsuit Against Experian : I recently became aware of the CFPB 's lawsuit against Experian regarding their failure to properly investigate credit report errors and reinserting inaccurate information. This highlights a systemic issue in the credit reporting industry, where consumers are being harmed by inaccuracies and non-compliance with federal law. 
XXXX. XXXX XXXX XXXX : I also recently became aware of the fact that my personal information was part of Equifaxs data breach, but because of my late awareness of the fact I was not a part of the settlement ( I hereby reserve my right to file a claim independently for the harm done to me ). I found out this fact by going onto XXXX and typing in XXXX and typing in my last name and the last 6 digits of my social security number and submitting that information and received the following response : Thank You Based on the information you provided, our records indicate that your personal information was impacted by this incident. For more information, visit the FAQ page. But it further stated that : The deadline to file an Extended Claims Period claim passed on XX/XX/XXXX. I have also been notified that my personal information is currently on the dark web and have printed out said claims as evidence of said breach. See exhibits B1-B6. 


__________________________________________________________________ SUBJECT OF DISPUTE This affidavit concerns the inaccurate reporting by EXPERIAN regarding my XXXX  account XXXX XXXX. Those inaccuracies violate EXPERIAN obligations under the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1581c ( b ), which mandates maximum possible accuracy of consume credit information.

The inaccuracies are as follows : The last updated dates are inaccurately reported as one of the dates ( XXXX ) are not the same as Experian and XXXX. 

The Payment Status are being inaccurately reported and do not match.

The 2 YEAR PAYMENT HISTORY being reported do not match as shown on Defendants FICO report of the year XXXX whereas Experian is the only Credit Reporting Agency showing the negative reporting.

The OLDER DEROGATORY EVENTS whereas Experian is the only Credit Reporting Agency is showing the negative reporting. 

The MORE DETAILS Date Closed portion of Defendants XXXX Report is inaccurately reported whereas 2 of the Credit Reporting Agencies XXXX XXXX, XXXX ) are reporting 2 different dates and Experian not reporting at all ; also the Last Activity portion of the same Report is inaccurately reported whereas 2 of the Credit Reporting Agencies XXXX and Terms portion of the same Report is inaccurately reporting whereas Experian is the only Credit Reporting Agency showing a Revolving term on said report and XXXX and XXXX are not ; and also on the Scheduled Payment portion of the same Report is inaccurately reported whereas XXXX is the only Agency reporting on said portion as Experian and XXXX are not : and also on the High Balance section of the same report is inaccurately reported whereas only XXXX is reporting on said report and XXXX and Experian are not. 

Notice of Willful Noncompliance If EXPERIAN fails to correct or remove the inaccurate information or conduct a reasonable reinvestigation as required by law, this will be interpreted as a willful noncompliance under 15 U.S.C. 1681m. Additionally willful noncompliance may constitute a form of fraud, as it knowingly perpetuates the discrimination of false and damaging information, despite being notified of its inaccuracy. 

Fraudulent reporting and failure to adhere to federal statutes will be treated as such and addressed through appropriate legal channels, including potential litigation. EXPERIAN could be held liable for : Statutory damages Punitive damages Actual damages caused by these inaccuracies Attorney fees and court costs Request for Correction or Removal I request that EXPERIAN 1. Conduct a thorough reinvestigation of the disputed information.

2. Correct or delete all inaccurate information from my credit file as mandated by the FCRA 3. Provide me with a detailed summary of the reinvestigation results.

Opportunity to Resolve This Affidavit is my effort to provide EXPERIAN with the opportunity to resolve this matter amicably. I expect EXPERIAN full compliance within 30 days of receipt of this affidavit. Failure to comply will leave me no other alternative but to escalate this matter, including filing complaints with : The Consumer Financial Protection Bureau ( CFPB ).

The Federal Trade Commission ( FTC ).

The States Attorney generals Office.

Possible legal proceedings in federal court.

See attached file of Complaint and Affidavit

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