Consumer complaint received 2024-07-03 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:
This consumer reporting agency is in clear violation of the law and shall be liable for all actual damages caused. I obtained a copy of my Experian Report and noticed the following data furnished that I found to be inaccurate! Company : XXXX XXXX Account Number Listed : XXXX Date Added : XXXX XXXX XXXX  According to 15 USC 1681 ( b ) permissible purpose of consumer reports, THE LAW CLEARLY STATES : ( a ) IN GENERAL Subject to subsection ( c ) any consumer reporting agency MAY furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

Did I give you written instructions or permissible purpose to furnish data on my consumer report? If so, provide the original consumer agreement with my signature that gave written authorization.

According to 15USC 1681i ( 7 ) you shall notify me with a description of the results of your investigation.

( 7 ) Description of reinvestigation procedure A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description.

The following installment account with an alleged balance of {$840.00} along with XXXX  late transactions reported is inaccurate, a direct result of identity theft fraud and not in XXXX XXXX Compliance. 
Please remove the following account from my consumer report : Company : XXXX XXXX Account Number Listed : XXXX Date Added : XXXX, XXXX, XXXX During your investigation, I am requesting your agency to provide the original agreement the creditor has on file with my signature that makes me liable for this debt reported to your agency. I am also requesting each original statement containing disclosure from 15USC1637 the creditor sent to me 21 days before each late transaction was furnished on my report as per 15USC 1666 ( b ). I also need my full privacy disclosure the creditor allegedly provided to me before they contacted your agency with my nonpublic personal information as per 15USC 6802 ( B ) which violates 15 USC 1681 ( 2 ) ( a ) ( i ) that states my transactions or experience to any person making the report are excluded from my report.

According to 15USC 1681a ( 5 ) ; ( 5 ) TREATMENT OF INACCURATE OR UNVERIFIABLE INFORMATION ( A ) In general if after any reinvestigation under paragraph ( 1 ) of any information disputed by a Consumer, an item of information is found to be inaccurate, incomplete or can not be verified the Consumer Reporting Agency shall ( i ) Promptly delete that item of information from the file of the consumer, or modify that item of information as appropriate based on the results of the reinvestigation and ( ii ) Promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

According to 15USC1681 ( e ) it is your obligation as a consumer reporting agency to ensure MAXIMUM ACCURACY of my report by making each person or furnisher of data provide an original signed contract with written authorization the consumer gave them to contact you with nonpublic personal information - ( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.

( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report. 


Please provide the documents I requested or XXXX XXXX must remove this tradeline account. Your agency and the creditor are in violation of 15USC 1666 ( b ), 15USC 1681 ( 2 ) ( a ) ( i ), 15USC 6802 ( B ).

15USC 1666 ( b ) states creditors can not report a LATE Transaction unless the statement including the disclosure from 1637 ( b ) was mailed 21 days before the late transaction was reported. Please provide the original statement you sent 21 days before each LATE TRANSACTION was reported. 15USC 1666 ( b ) ; ( a ) TIME TO MAKE PAYMENTS- A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

( b ) GRACE PERIOD If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge.

USC 6802 Section ( b ) OPT OUT ( 1 ) In General A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) Such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party.

( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party; and ( C ) The consumer is given an explanation of how the consumer can exercise that nondisclosure option.

According to 15USC 1681a ( 2 ) ( a ) ( i ) ; Exclusions from a Consumer Report ; My transactions to your company are EXCLUDED from my consumer report LATE OR NOT - ( 2 ) EXCLUSIONS Except as provided in paragraph ( 3 ), the term consumer report does not include all transactions or experiences between the consumer and the person making the report.

To prevent from being a future victim of identity theft pursuant to 18USC1028 ( A ), I am requesting your agency to remove all other names, addresses and phone numbers ; update it to only the following : FULL NAME : XXXX XXXX XXXX CURRENT ADDRESS : XXXX XXXX XXXX XXXX CURRENT PHONE NUMBER : ( XXXX ) XXXX

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