Consumer complaint received 2025-01-30 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Old information reappears or never goes away
Company: Experian Information Solutions Inc.
State: NH

Complaint narrative:
My name is XXXX XXXX XXXX XXXX, and I am submitting this formal complaint against Experian for illegally reinserting fraudulent accounts on my credit report without providing the required written notification. 

I am a victim of identity theft, and on XX/XX/XXXX, I filed a dispute against multiple fraudulent accounts on my Experian credit report. Experian initially complied by blocking and removing these fraudulent accounts, as required under the Fair Credit Reporting Act ( FCRA ). 

However, on XX/XX/XXXX, Experian unlawfully reinserted XXXX previously blocked XXXX XXXX accounts on my credit report without notifying me in writing, which is a direct violation of my rights under federal law. 

This reinsertion of fraudulent accounts has caused serious damage to my credit profile, negatively affecting my financial opportunities and subjecting me to undue hardship. 

Case Summary : Consumer Reporting Agency : Experian Fraudulent Accounts Reinserted Without Notification : XXXX  XXXX ( Account # XXXX ) Opened XX/XX/XXXX Balance {$210.00} XXXX XXXX ( Account # XXXX ) Opened XX/XX/XXXX Balance {$460.00} Date of Initial Dispute : XX/XX/XXXX Experians Response : Fraudulent accounts were initially blocked and removed Date of Unlawful Reinsertion : XX/XX/XXXX Issue : Experian unlawfully reinserted these accounts without proper written notice, violating my consumer rights. 
Legal Violations by Experian : 1. Fair Credit Reporting Act ( FCRA ) 15 U.S. Code 1681 et seq.

( a ) Violation of Reinsertion Rules 15 U.S. Code 1681i ( a ) ( 5 ) ( B ) Under FCRA 1681i ( a ) ( 5 ) ( B ), when a previously deleted account is reinserted, the credit bureau must provide written notice within five business days, including the name of the furnisher and the consumers right to dispute the information. 

Violation : Experian failed to provide the required notice before reinserting these fraudulent accounts, violating my rights. 

( b ) Failure to Block Identity Theft Accounts 15 U.S. Code 1681c-2 Under FCRA 1681c-2, a credit reporting agency must block fraudulent information within four business days after receiving proper documentation from a consumer.

Violation : Experian initially blocked the accounts but later reinserted them without justification, violating federal protections for identity theft victims.

( c ) Failure to Conduct a Proper Investigation 15 U.S. Code 1681i ( a ) ( 1 ) Experian is required to conduct a reasonable investigation when a dispute is submitted.

Violation : Experian ignored previous dispute evidence and failed to conduct a proper investigation before reinstating these fraudulent accounts.

2. Fair Debt Collection Practices Act ( FDCPA ) 15 U.S. Code 1692 et seq. 
( a ) False or Misleading Representations 15 U.S. Code 1692e Debt collectors and credit agencies can not misrepresent the status of a debt or provide false information to a credit bureau.

Violation : Experian re-reported fraudulent debt, which misled creditors and negatively impacted my creditworthiness.

( b ) Unfair or Unconscionable Collection Practices 15 U.S. Code 1692f The law prohibits unfair practices, including reintroducing fraudulent debts without a valid basis.

Violation : Experian facilitated unfair and deceptive credit reporting practices by re-reporting debts that were already removed due to fraud.

3. Fair and Accurate Credit Transactions Act ( FACTA ) 15 U.S. Code 1681c-1 FACTA mandates additional identity theft protections, including fraud alerts and security freezes to prevent the reinsertion of fraudulent debts.

Violation : Experians failure to prevent the re-reporting of fraudulent accounts violates FACTA protections for identity theft victims like me.

4. Consumer Financial Protection Act ( CFPA ) 12 U.S. Code 5531 Under 12 U.S. Code 5531, the CFPB has the authority to enforce actions against unfair, deceptive, or abusive acts or practices ( UDAAP violations ).

Violation : Experians failure to notify me and improper reinsertion of fraudulent accounts constitutes an unfair and deceptive practice under XXXX. 

XXXX. Legal Precedents Supporting This Complaint XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Issue : Experian reinserted fraudulent information without notifying the consumer. 
Ruling : The court ruled this was an FCRA violation, and Experian was forced to pay damages. 
XXXX XXXX XXXX ( XXXX ) U.S. Supreme Court Case Issue : Improper credit reporting that harmed a consumers ability to obtain credit. 
Ruling : The Supreme Court ruled that consumers must be protected from inaccurate and misleading credit reporting practices. 
Application to This Case : Experians unlawful reinsertion of fraudulent accounts has caused me financial harm, making them liable for legal damages under existing case law.

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