Consumer complaint received 2025-06-04 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Difficulty submitting a dispute or getting information about a dispute over the phone
Company: Experian Information Solutions Inc.
State: AR

Complaint narrative:
I am writing to formally request your urgent intervention regarding a violation of federal law by Experian, a nationwide consumer reporting agency. Experian has refused to take appropriate action on a duly submitted FTC Identity Theft Affidavit, submitted on XXXX, improperly claiming that it was invalid because it was not filed by a law enforcement agency. This response is both factually incorrect and legally noncompliant, constituting a willful disregard of my rights under the Fair Credit Reporting Act ( FCRA ) and related regulations.

Background and Legal Obligations Pursuant to 15 U.S.C. 1681g, 1681c-1, and 1681c-2 of the FCRA, consumers have a right to place fraud alerts, block fraudulent information, and dispute inaccurate items on their credit reports. These sections specifically provide for : The right to place an initial or extended fraud alert upon a proper request and submission of an identity theft report ( 15 U.S.C. 1681c-1 ( a ) - ( b ) ).

The right to block fraudulent information from appearing in a credit report once a consumer submits a valid identity theft report ( 15 U.S.C. 1681c-2 ).

A consumers Identity Theft Report, as defined under 16 C.F.R. 603.3, includes a report made by a consumer to the FTC via the XXXX system, which satisfies the statutory definition and is legally binding without needing to originate from a law enforcement agency. 

The FTC has made clear that an Identity Theft Affidavit filed through XXXX is sufficient when it includes the necessary verification, under penalty of perjury, as required. Experians refusal to acknowledge this affidavit violates the legal framework established by Congress and enforced by both the FTC and CFPB.

Violations and Legal Ramifications Experians actions may constitute the following violations : Violation of 15 U.S.C. 1681c-2 ( a ) : Failure to block fraudulent information upon receipt of a valid identity theft report.

Violation of 15 U.S.C. 1681i : Negligent or willful failure to conduct a reasonable investigation of disputed information.

Violation of 15 U.S.C. 1681n and 1681o : These sections impose liability for willful and negligent noncompliance, including actual damages, statutory damages, and punitive damages.

Failure to comply with 16 C.F.R. 603.3 : Ignoring a properly filed Identity Theft Report submitted through an approved channel ( FTC ).

Requested Action I respectfully request that the CFPB take the following steps : Investigate Experian for noncompliance with the FCRA and associated regulations.

Mandate immediate removal of the fraudulent information from my credit report.

Enforce civil penalties as authorized under 15 U.S.C. 1681s for noncompliance with consumer protection standards.

Provide written assurance from Experian that it will henceforth accept FTC Identity Theft Affidavits as valid under the law.

Supporting Documentation I have attached the following for your review : The FTC Identity Theft Affidavit filed under penalty of perjury.

Correspondence from Experian showing denial of this affidavit.

A copy of my credit report reflecting fraudulent information.

Experians conduct shows a pattern of obstruction and a blatant disregard for federal law intended to protect victims of identity theft. I urge the CFPB to treat this matter with the gravity it deserves and to take swift enforcement action to uphold my rights and hold Experian accountable.

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