Consumer complaint received 2024-10-11 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Investigation took more than 30 days
Company: Experian Information Solutions Inc.
State: VI

Complaint narrative:
Dear CFPB, I am writing to file a formal complaint against Experian for their failure to comply with federal law by refusing to remove fraudulent accounts from my credit report. Despite providing all required documentation proving that I am a victim of identity theft and the National Data Breach, Experian has failed to act within the legally required timeframe.

What Happened : I am a victim of identity theft, and my personal information was compromised in the National Data Breach, which resulted in several accounts being fraudulently opened in my name without my authorization. These accounts have severely harmed my credit standing.

Upon discovering these fraudulent accounts, I took the following steps : 1. I filed an identity theft report with the Federal Trade Commission ( FTC ).

2. I submitted my FTC Identity Theft Report to Experian, along with a request to remove the fraudulent accounts from my credit report. 

I also have physical proof in the form of letters from XXXX XXXX XXXX XXXX XXXX, confirming that I have been a victim of identity theft and that the accounts were opened without my authorization. These letters further support my claim that the information on my credit report is inaccurate. I have attached copies of these letters for your reference. 

Despite having provided this documentation, Experian has failed to remove these fraudulent accounts. 

Experians Failure to Verify : Experian has failed not only to remove these accounts but also to properly verify the underlying facts as required by law. It is critical to note that Experian can not verify these fraudulent accounts with the creditors who opened them, as these creditors are not in a position to authenticate the facts of an identity theft claim. The physical proof I have from XXXX and XXXX XXXX XXXX further demonstrates that these accounts were fraudulent. By refusing to accept this evidence and verify the facts with the FTC, Experian has demonstrated a pattern of frivolous and willful noncompliance with the FCRA. 

Instead of verifying with the FTC, Experian has irresponsibly relied on unverifiable responses from creditors, which is in direct violation of the law. This not only undermines my identity theft claim but also puts me at continued risk of harm. 

Legal Violations and Consequences of Noncompliance : Experians refusal to comply with its legal obligations constitutes a violation of multiple federal laws, including : 1. Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681c-2 : Under this provision, Experian is legally required to remove fraudulent information within four business days upon receipt of proper documentation, which includes the FTC Identity Theft Report. They have failed to meet this requirement. 
2. Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 : The FDCPA prohibits collection efforts on fraudulent accounts. Experians failure to remove these items leaves me vulnerable to ongoing collection activities, in violation of the law.

3. Fair and Accurate Credit Transactions Act ( FACTA ), 15 U.S.C. 1681g : This act requires credit reporting agencies to investigate and correct fraudulent information after an identity theft report has been filed. 

Since Experian has not verified the facts of my identity theft affidavit with the FTC and has failed to remove the fraudulent accounts despite concrete evidence from the creditors themselves, they are now legally required to either : Delete all contested fraudulent items from my credit report, or Compensate me for all credit denials and damages directly attributable to these fraudulent accounts, in accordance with the FCRA. 

Experian can not simply rely on frivolous and unverifiable creditor responses to justify retaining fraudulent information. The law requires them to remove these items or face legal consequences for noncompliance.

Accounts in Question : The following accounts were fraudulently opened in my name and remain on my credit report despite my submission of the FTC Identity Theft Report : XXXX. XXXX XXXX  : Account number ending in XXXX. Account charged off with {$830.00} past due as of XX/XX/year>. 
XXXX. XXXX XXXX XXXX XXXX : Account number ending in XXXX. Account charged off with {$20000.00} past due as of XX/XX/year>. 
XXXX. XXXX XXXX XXXX  : Account number ending in XXXX. Account charged off with {$110.00} past due as of XX/XX/year>. 
XXXX XXXX XXXX XXXX XXXX Account number ending in XXXX. Auto loan account with {$8800.00} past due as of XX/XX/year>. 
XXXX XXXX : Account number ending in XXXX. Account charged off with {$1300.00} past due as of XX/XX/year>. 

Resolution Expected : I am seeking immediate assistance from the CFPB to ensure that : 1. Experian removes the fraudulent accounts from my credit report immediately, in compliance with federal law.

2. All collection activities cease immediately, as required by the FDCPA.

3. I receive written confirmation from Experian that the accounts have been removed and my credit report corrected. 

Experians failure to act within the legal timeframe has caused significant financial harm, and I expect the CFPB to take swift action to ensure that they meet their legal obligations.

Thank you for your prompt attention to this matter. I look forward to your assistance in resolving this issue.

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