Consumer complaint received 2024-11-20 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: MD

Complaint narrative:
Notice to an agent is notice to the principal. 


Good afternoon, This is my fourth and final notice regarding your ongoing violations in reporting late payments and a charge-off to consumer reporting agencies. Your actions directly violate federal law and established case law, and your repeated refusal to address these violations demonstrates negligence and bad faith. 

Violations and Deficiencies 1. Failure to Provide Billing Statements in Compliance with Federal Law You have failed to produce evidence that billing statements were sent at least 21 days prior to the payment due date, as required under 15 USC 1637 ( b ) and 15 USC 1666 ( b ). Without evidence of timely mailing, no payment may legally be treated as late. 


This principle was reinforced in Chase Bank USA, N.A. v. McCoy, 562 U.S. 195 ( XXXX ), where the U.S. Supreme Court held that creditors must comply with clear procedural safeguards to treat payments as late or impose penalties. Your inability to substantiate compliance invalidates any late payment reporting and demands immediate correction. 


2. Erroneous Reporting of Late Payments and Charge-Offs Under 15 USC 1681 ( a ) ( 2 ) ( A ) ( i ), transactions or experiences like this are excluded from consumer reports unless they are accurate and verifiable. By reporting false or unverifiable late payments and a charge-off, you have breached this mandate. 


In Johnson v. MBNA America Bank, NA, 357 F.3d 426 ( XXXX XXXX. XXXX ), the court affirmed that creditors must conduct reasonable investigations upon notice of disputes and ensure the accuracy of the information furnished. Your failure to conduct such an investigation further compounds the harm caused by your erroneous reporting. 


3. Failure to Provide Required Documentation You have failed to produce either : Proof of mailing billing statements 21 days before payment due dates, or A Form 1099-C, which is required under IRC Section 6050P to substantiate a charge-off. 

This omission violates established obligations for creditors and exposes you to liability for noncompliance. Federal courts have consistently ruled that creditors can not enforce adverse claims without substantiating their validity. As in Cushman v. Trans Union Corp., 115 F.3d 220 ( XXXX XXXX XXXX ), failure to verify the accuracy of information furnished constitutes a violation of a creditors legal duties under the FCRA. 

4. Adverse Impact and Damages Your negligent actions have caused substantial harm to my creditworthiness, financial standing, and reputation, directly impacting my ability to secure housing and other necessities. Courts have upheld the recoverability of damages for reputational harm caused by improper credit reporting, as seen in Spokeo, Inc. v. Robins, 578 U.S. 330 ( XXXX ). 

Additionally, your continued failure to act in good faith and correct these violations has subjected me to financial hardship and emotional distress, both of which are actionable under federal law. 

Final Demands To rectify these violations and avoid further legal action, I demand the following within 10 calendar days of receipt of this letter : 1. Proof of Compliance : Provide documented evidence that billing statements were delivered at least 21 days before payment due dates, including proof of mailing or delivery.

2. Correction of Records : Remove all late payment and charge-off information from my consumer report.

3. Issuance of Form 1099-C : Provide the legally required form for the charge-off, as mandated by IRC Section 6050P.

4. Cease Reporting : Immediately cease furnishing inaccurate or unverifiable information to consumer reporting agencies. 


Notice of Intent to Sue If you fail to comply with these demands within the specified timeframe, I will initiate legal action to enforce my rights. Remedies will include : Statutory and punitive damages, as allowed under 15 USC 1681n and 15 USC 1692k, for your willful and negligent violations.

Injunctive relief to compel the removal of inaccurate information from my consumer report. 

Recovery of actual damages for the harm caused to my creditworthiness, integrity, and reputation.

This letter constitutes your final opportunity to resolve this matter amicably. Your written response, including all requested documentation, must be sent to my address listed above within 10 calendar days of receipt of this letter. 

Regards, XXXX XXXX Explanation of Case Law Integration : Chase Bank USA v. McCoy : Supports the requirement for timely billing statements before payments can be treated as late. 

XXXX v. XXXX : Establishes the duty to investigate and correct inaccuracies upon notification of a dispute.

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