Consumer complaint received 2024-11-06 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc.
State: TX

Complaint narrative:
I am writing to formally demand the immediate removal of all inaccurate late payment entries associated with my car loan account with XXXX XXXX XXXX from my consumer report under 15 U.S.C. 1681a. Upon reviewing my credit report, I identified numerous errors in the reporting of late payments on this account. My records confirm that this loan was fully paid off in XX/XX/XXXX ; however, my credit report inaccurately shows a late payment for XX/XX/XXXX, as well as an on-time payment in XX/XX/XXXX. Given that the account was closed in XXXX, all subsequent entries are incorrect and must be removed. Furthermore, all the late payments on this account are inaccurate, flawed and legally impermissible. 

Under 15 U.S.C. 1681a ( d ) ( 2 ) ( A ) ( i ), " any transaction or experience information between the consumer and the person making the report '' is excluded from the definition of a " consumer report '' unless legally mandated. Since the account was fully settled in XX/XX/XXXX, any reported late payments after this date are both inaccurate and legally impermissible. This erroneous reporting misrepresents my payment history and unfairly impacts my credit standing. 

The following legal precedents support the requirement that credit reporting agencies ensure the accuracy and legality of all information included in consumer reports : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) confirmed that credit reporting agencies must conduct reasonable investigations when a consumer disputes inaccurate information. Failure to correct inaccuracies results in liability under the FCRA. 

XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) held that credit reporting agencies are responsible for ensuring accurate information on consumer reports and are liable if they fail to correct errors after a dispute. 

XXXX v. XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) emphasized that credit reporting agencies are accountable for maintaining accuracy in consumer reports and may face liability for inaccuracies. 

XXXX XXXX XXXX Bank XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ) reinforced that credit reporting agencies can not rely solely on information provided by creditors and must independently verify disputed information, especially when inaccuracies are evident. 

XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) underlined that credit reporting agencies must ensure the accuracy of consumer reports, with liability for including erroneous information. 

These cases clearly establish the obligation of credit reporting agencies to verify the accuracy of reported information and to exclude any data that does not meet statutory guidelines. The reporting of late payments on an account that was closed and paid in full in XX/XX/XXXX is a direct violation of these principles and must be corrected immediately. 

I demand that all late payment entries associated with this account be removed from my report without delay. The entire account history, as currently reported, is flawed and misleading, and I expect each credit reporting agency to take immediate action to remove these incorrect late payment entries. 

Furthermore, if this matter is not resolved promptly, I will pursue all available legal remedies, including filing a lawsuit seeking statutory damages of {$1000.00} per violation under the Fair Credit Reporting Act ( FCRA ). 

Please provide written confirmation that the inaccurate late payments and related entries have been removed from my report. I trust that each credit reporting agency will act in accordance with federal law to maintain the integrity and accuracy of consumer information.

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