Consumer complaint received 2024-12-15 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc.
State: FL

Complaint narrative:
To Experian Back Office Team, I am responding to your recent refusal to comply with my FTC Identity Theft Report and supporting documentation, which is in clear violation of 15 U.S.C. 1681c-2 ( FCRA Section 605B ). Your rejection of my rightful request to block unauthorized items is unlawful, baseless, and constitutes a willful disregard for my consumer, civil, and constitutional rights. 
statement that the FTC Identity Theft Report must be filed with a law enforcement agency to be valid. This statement is incorrect and represents a misinterpretation of federal law, specifically the Fair Credit Reporting Act ( FCRA ), and I urge you to review the applicable regulations governing identity theft and consumer rights. 
The Law Under the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681c-2, there is no requirement that an FTC Identity Theft Report be filed with any law enforcement agency for it to be valid. According to this law : 1. Section 1681c-2 ( b ) : A consumer only needs to submit an FTC Identity Theft Report to the credit reporting agency , which is sufficient to block fraudulent information on the credit report. The FTC Identity Theft Report is designed to be used directly by consumers to challenge fraudulent entries on their credit reports without needing any additional action by law enforcement. 
2. No Police Report Requirement : The law does not require a police report in addition to the FTC report. The FTC Identity Theft Report itself is the essential document in resolving fraud-related credit report disputes. The consumer has the legal right to use this document to ensure that fraudulent information is blocked from their credit file within four business days as per FCRA 1681c-2 ( b ).

By claiming that the FTC report must be filed with law enforcement, you are infringing upon my rights and misapplying the law. Your refusal to accept the FTC Identity Theft Report without further law enforcement action is a direct violation of my rights under 15 U.S.C. 1681i, which requires you to investigate disputes and ensure the accuracy of the information on my credit report. 

I have been patiently and diligently adhering to my rights as a consumer, providing you with all the necessary documentation to correct the unauthorized information on my credit report. Despite my repeated efforts, including sending you my FTC Identity Theft Report, proof of address, my drivers license, Social Security card, and other forms of identification, my request for removal of fraudulent information remains unaddressed. I have made every reasonable attempt to resolve this matter, ensuring that all documents were submitted correctly and promptly. Yet, you continue to refuse to take any action. 
It is abundantly clear that Experian is intentionally disregarding my rights as a consumer, which is not only unlawful but unethical. Your failure to act, despite receiving all required documentation and my repeated requests, represents a clear violation of the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681i, which mandates that you investigate and correct inaccuracies on a credit report. Your actions amount to gross negligence at best, and willful disregard of my rights as a consumer at worst. 
The Consequences of Experians Unlawful Actions Your continuous refusal to correct the misrepresented information on my credit report is having an extremely detrimental impact on my financial future. The misrepresentation of my credit report has adversely affected my ability to access credit, secured loans, and any financial opportunities that I am lawfully entitled to as a consumer. The unauthorized entries you refuse to remove are obstructing my right to financial freedom and undermining my economic security. 
By failing to act, you are effectively harming my reputation in the credit system, creating barriers that prevent me from moving forward in a lawful and equitable manner. Your actions are not just an inconveniencethey are actively damaging my ability to participate in the economy, access housing, apply for loans, or even engage in basic financial transactions. These ongoing issues are resulting in unjustified financial harm, and Experians refusal to correct the inaccuracies is making this harm permanent. 
Unlawful Practices and Their Impact on Me The persistent disregard of my due diligence is not only unlawful but constitutes intentional harm. Under FCRA 1681n, your continued failure to address these issues may constitute willful noncompliance, subjecting you to punitive damages and liability for all damages caused by your actions. The law is clear : you are responsible for correcting any inaccuracies and for protecting consumers like myself from fraud and harm. Your refusal to follow the law demonstrates a flagrant disregard for my consumer rights, my constitutional rights, and the legal protections afforded to me under the FCRA. 
Additionally, under FCRA 1681o, your failure to perform a reasonable investigation and take action after being given clear, documented proof of my claims makes you liable for actual damages, legal fees, and potentially punitive damages. 
Experians Repeated Failures and the Severity of These Violations You are well aware that this situation is no longer just a simple disputeit is a pattern of unlawful practices. I have sent equitable letters on numerous occasions, clearly outlining the fraudulent activity, providing documentation of my identity, and even filing an FTC report, all in accordance with the law. Despite this, I am still facing civil penalties and denied my consumer rights through your inaction. Your actions have not only been negligent but appear to be a calculated effort to deny my rightful claims. 
This ongoing violation of my consumer rights has reached a point of no return. Your unwillingness to make necessary corrections has made it clear that Experian has no regard for the financial security and well-being of consumers. These actions directly conflict with the FCRA, and Experians continued failure to comply with the law is causing me direct, measurable harm. 
Your refusal to act is not just a slight inconvenience ; it is an active violation of my constitutional rights, civil rights, and the protections provided by federal law. The misrepresentation of my financial standing is undermining my entire future and represents an ongoing financial injury for which Experian is legally responsible. 



Unauthorized Accounts to Be Removed XXXX. XXXX XXXX  : Account Number : XXXX XXXX. XXXX XXXX XXXX Account Number : XXXX XXXX XXXX XXXX XXXX XXXX Account Numbers : XXXX, XXXX XXXX. XXXX XXXX : Account Number : XXXX XXXX. XXXX XXXX ( XXXX ) : Account Number : XXXX XXXX. XXXX XXXX XXXX  : Account Number : XXXX Unauthorized Names to Be Removed XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX 
should appear on my report. 
Unauthorized Addresses to Be Removed XXXX XXXX XXXX, XXXX XXXX, FL XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX Only XXXX XXXX  XXXX XXXX XXXX XXXX, FL XXXX XXXX authorized. 



Experians Legal Obligation Under FCRA 1681i, you are legally obligated to investigate disputed information on a consumers credit report. The FTC Identity Theft Report is a valid form of documentation to begin that process, and Experian must take immediate action once it is provided. Your failure to recognize this report and insist upon additional, unlawful requirements constitutes an obstruction of my rights. 
Should you continue to insist that a law enforcement filing is required for an FTC Identity Theft Report to be valid, you are subjecting yourself to further liability under 15 U.S.C. 1681n, which allows for the recovery of damages, attorney fees, and punitive damages for willfully failing to comply with the FCRA. Additionally, under 15 U.S.C. 1681o, if this violation is determined to be negligent, you are still liable for actual damages and attorneys fees.

Conclusion I demand that you immediately remove all fraudulent entries from my credit report as required by 15 U.S.C. 1681c-2 and 15 U.S.C. 1681i, based on the FTC Identity Theft Report I have already submitted. Any continued refusal to do so will not only violate federal law but also expose Experian to further legal action, including a formal complaint to the Consumer Financial Protection Bureau ( CFPB ) and potential civil litigation for the damages caused by your unlawful actions.

Your attempt to accuse me of a material misrepresentation or error is not only defamatory but also unfounded. An FTC Identity Theft Report, filed under penalty of perjury, is sufficient under federal law to block the disputed information within four business days of receipt. You have failed to comply with this mandate, exposing Experian to legal liability. 
Legal Violations and Case Law 1. Violation of 15 U.S.C. 1681c-2 : By failing to block the disputed items, you are in direct violation of the FCRA. Courts have repeatedly ruled that credit reporting agencies can not delay or refuse a proper identity theft claim ( see XXXX v. XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX ). 
2. Civil Rights Violation : By holding false and unauthorized information against my will and disregarding my multiple notifications, you are infringing upon my civil rights under 42 U.S.C. 1983, as you are willfully obstructing my right to accurate credit reporting. 
3. Constitutional Right to Privacy : Your continued retention of disputed personal information violates my Fourth Amendment right to privacy by unlawfully holding unauthorized data despite clear notice and demand for removal. 
Personal Accountability of Experians Back Office Team Let this serve as notice that individual accountability will be pursued against Experians back office team. I will take the necessary legal steps to subpoena records that identify the specific employees who handled my case. Per 15 U.S.C. 1681n, Experian and its employees can be held individually liable for willful noncompliance with the FCRA. You should be aware that Experian has faced similar lawsuits, such as : XXXX v. XXXX, XXXX ( XXXX ) - Resulted in {$60.00} XXXX awarded for inaccurate reporting and FCRA violations. 
XXXX v. Experian - Courts have repeatedly affirmed Experians duty to investigate and correct disputed items. 
Demands This letter demands the immediate and permanent removal of the following unauthorized accounts, names, addresses, Failure to comply with this demand within the legally required timeframe will leave me with no choice but to : 1. File a formal civil lawsuit against Experian and its back office team for FCRA violations, defamation, and emotional distress.

2. Pursue legal discovery to identify individual employees responsible for this unlawful conduct.

3. Report Experians willful violations to the CFPB, FTC, and State Attorney General for further investigation and penalties.

Experian has been held accountable in the past, and this situation will be no different. Do not misrepresent federal law or attempt to obstruct my rights again.

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