Consumer complaint received 2024-11-10 00:00:00
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Incorrect information on your report — Information is incorrect
Company: Experian Information Solutions Inc.
State: TX

Complaint narrative:
This response addresses the inadequate reply received from Experian concerning disputed items on my consumer report. Despite repeated requests, Experian has failed to verify the debt, provide required disclosures, or demonstrate a permissible purpose with proper authorization, as mandated by federal law. Below, I outline specific statutory requirements that Experian and data furnishers have failed to uphold under the FDCPA, FCRA, and TILA. 

1. Inadequate Debt Validation per FDCPA ( 15 U.S.C. 1692g ) According to 15 U.S.C. 1692g ( a ) of the FDCPA, debt collectors must provide a written notice containing specific details within five days of initial communication unless provided previously. The required information includes : 1. The amount of the debt ; 2. The name of the creditor to whom the debt is owed ; 3. A statement that the debt will be assumed valid if not disputed within 30 days ; 4. A statement that the debt collector will provide verification of the debt if disputed ; 5. A statement that the debt collector will provide the original creditors name and address if requested. 

Experians response did not include this legally required validation. Continued reporting without fulfilling these validation requirements constitutes a violation of the FDCPA. 

2. Disclosure of Original Creditor Required by FDCPA ( 15 U.S.C. 1692g ( a ) ( 5 ) ) Under 15 U.S.C. 1692g ( a ) ( 5 ), consumers are entitled to know the original creditors name and address upon request. This information allows for the validation of the debts legitimacy. However, Experian failed to provide this information upon request, further violating consumer rights under the FDCPA. 

3. FCRA Requirement for Permissible Purpose and Authorization ( 15 U.S.C. 1681b ) The Fair Credit Reporting Act ( FCRA ) mandates that any user of a consumer report must have a permissible purpose as defined under 15 U.S.C. 1681b. This section requires that access to a consumer report be based on specific purposes, such as consumer-initiated transactions or when written authorization is explicitly provided by the consumer. I did not authorize access to my report in writing, nor was there any initiated transaction to justify this access. 

Additionally, under FCRA provisions, consumer reporting agencies must obtain a certifying document showing that authorization was provided. Experian has not provided evidence of any such certification, leaving my consumer report vulnerable to unauthorized access. The failure to demonstrate a permissible purpose or written authorization is a violation of FCRA guidelines, risking unauthorized use of my data and possible exposure to identity theft. 

4. Identity Theft Protections under FCRA ( 15 U.S.C. 1681c-2 ) According to 15 U.S.C. 1681c-2, in instances of identity theft, consumer reporting agencies must take specific actions to block fraudulent information upon notification. Experians failure to verify or authenticate the disputed debts compromises the security of my personal data and increases the risk of identity theft by maintaining unverified data on my consumer report. 

5. Accuracy and Verification Obligations under FCRA ( 15 U.S.C. 1681e ( b ) ) The FCRA also requires consumer reporting agencies to follow reasonable procedures to assure maximum possible accuracy of the information contained in consumer reports. 15 U.S.C. 1681e ( b ) stipulates that all data in consumer reports must be accurate and verifiable. Without providing validated information or confirming permissible purpose and authorization, Experian is failing to comply with FCRA accuracy standards. 

6. Truth in Lending Act ( TILA ) Finance Charge Disclosure Requirements ( 15 U.S.C. 1605 ) The Truth in Lending Act mandates transparent disclosure of all finance charges associated with any debt, per 15 U.S.C. 1605. This includes itemized listings of all components such as interest, service fees, and transaction costs. Without these disclosures, consumers can not assess the validity or total cost of any claimed debt. Experians failure to provide these required disclosures further undermines the legitimacy of the disputed entries. 

7. Immediate Action Required for Compliance with Federal Law Given the failure to meet validation requirements, permissible purpose standards, and consumer protection mandates, I request the immediate removal of the disputed entries. Experian and associated furnishers are legally obligated to comply with FDCPA, FCRA, and TILA provisions to maintain accurate, authorized, and lawful reporting on consumer files. 

Thank you for your attention to this matter. I expect Experian and all involved parties to act in compliance with federal consumer protection laws to ensure the security and accuracy of my consumer report. 

[ XXXX XXXX XXXX, Trustee of Trust Dated XX/XX/year>XXXX  ] All Rights Reserved.

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