Consumer complaint received 2024-12-06 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: GA

Complaint narrative:
XXXX XXXX XXXX XXXX 
XXXX XXXX XXXX XXXX, GA XXXX Experian Information Solutions , Inc . 
XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX Re : Violation of Privacy Act of XXXX and FCRA - Failure to Address Fraudulent Accounts and Data Inaccuracies Dear Sir/Madam, I am writing to formally notify you of the persistent and ongoing violations of my privacy rights as outlined in the **Privacy Act of 1974** ( 5 U.S.C. 552a ) and the **Fair Credit Reporting Act ( FCRA ) ** ( 15 U.S.C. 1681 ), which have occurred between **2020 and 2024**. These violations involve the reporting of inaccurate, incomplete, and fraudulent information on my credit report, and the failure to properly address disputes that I have submitted regarding these inaccuracies.

**1. Violation of the Privacy Act of 1974 : ** Under the **Privacy Act of 1974**, federal agencies and entities that maintain records on individuals must adhere to strict guidelines regarding the collection, maintenance, and dissemination of personal information. This Act establishes that individuals must be provided access to records that pertain to them and requires that any information shared with third parties be accurate and not misused. The **incorrect or fraudulent reporting** of accounts on my credit report between 2020 and 2024 has resulted in a breach of my privacy rights. Specifically, accounts that were opened fraudulently or marked for collection have been reported incorrectly, and I have not received a proper response from any of your agencies regarding these discrepancies.

Despite **numerous letters** sent to your agencies over the past several months requesting corrections and addressing fraudulent or inaccurate information, **no meaningful response has been provided**, thus violating my rights under the Privacy Act, which mandates that agencies take appropriate action when disputes are raised regarding the accuracy of personal information.

**2. Violation of the Fair Credit Reporting Act ( FCRA ) : ** As per **15 U.S.C. 1681** ( FCRA ), all information furnished to credit reporting agencies must be accurate, complete, and timely. The FCRA also provides that when a consumer disputes information on their credit report, the credit reporting agencies are required to conduct a thorough investigation and correct any inaccuracies. In my case, accounts that were marked for collection or reported as opened fraudulently have remained on my credit report, despite my repeated efforts to have them investigated and corrected.

**FCRA Violations Include : ** - **Failure to Correct Inaccurate Information** : Under **15 U.S.C. 1681i**, when a dispute is raised, you are required to investigate the information and remove any inaccurate entries. Your failure to do so constitutes non-compliance with the FCRA.

- **Failure to Notify Furnishers of Inaccurate Information** : As per **15 U.S.C. 1681s-2**, you have a duty to notify the entity that reported the incorrect information, yet no evidence has been provided to suggest that any such notifications were sent to the alleged creditors.

- **Failure to Respond Within the Required Timeframe** : Under **15 U.S.C. 1681i ( a ) ( 1 ) **, you are required to respond to a consumer dispute within 30 days. Despite my repeated requests for action and dispute submissions, I have yet to receive a proper resolution or response.

**3. Case Law PrecedXXXX : ** In **Liu XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX found that credit reporting agencies are held responsible for ensuring the accuracy of information on consumers ' credit reports and that failure to act on disputes or inaccuracies can result in liability for damages. Additionally, in XXXX XXXX XXXX, XXXX, the court emphasized that consumer reporting agencies must act in accordance with the FCRA, or they may be liable for damages resulting from inaccuracies or failure to investigate disputes promptly.

**4. Data Breaches and Legal Action : ** Given that recent **data breaches** have been announced involving all three of your agencies, I am particularly concerned about the potential exposure of my personal information and the subsequent violations of my privacy. The failure to correct inaccuracies and respond to disputes in a timely manner, especially given the heightened risk of fraud and identity theft following these breaches, is a serious violation of both the **Privacy Act of 1974** and **FCRA**.

**Remedy and Legal Action : ** Should this matter not be resolved promptly and to my satisfaction, I will have no option but to seek **litigation**. I will pursue all available remedies for the **data breaches**, the ongoing violations of my privacy and consumer rights, and the failure to correct fraudulent or inaccurate information in accordance with the law.

Please treat this matter with the utmost urgency. I demand the following : 1. Immediate **investigation and correction** of all fraudulent or inaccurate entries on my credit report between 2020 and 2024.

2. **A detailed written response** outlining the actions you have taken in response to my previous dispute submissions and the results of your investigations.

3. Assurance that all **personal data** has been properly safeguarded, particularly in light of the recent data breaches involving your agencies.

I expect a full and thorough resolution of this matter within 30 days of receiving this letter. Failure to comply will leave me with no choice but to initiate legal proceedings and file complaints with the **Consumer Financial Protection Bureau ( CFPB ) **, **Federal Trade Commission ( FTC ) **, and other relevant regulatory bodies.

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 non-monetary relief