Consumer complaint received 2024-11-12 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: NY

Complaint narrative:
To Whom It May Concern, I am submitting this formal complaint regarding XXXX XXXX mishandling of my account XXXX. The unauthorized deactivation of my automatic payment ( autopay ) feature, excessive unauthorized monthly deductions, and the inaccurate reporting of missed payments have caused significant financial and credit harm. These actions constitute clear violations of both federal and New York State consumer protection laws. 

Background of Issues For several years, I relied on XXXX XXXX  autopay service to ensure timely payments. Without notice, this service was deactivated, leading to missed payment reports despite the bank withdrawing XXXX times the agreed monthly principal. These actions violate key consumer protections and place an undue burden on me, both financially and in terms of credit standing. 

Relevant Federal and State Legal Provisions Federal Statutes Fair Credit Reporting Act ( FCRA ) - Section 611 : Procedures in Case of Disputed Accuracy ( 15 U.S.C. 1681i ) This section requires that inaccuracies on credit reports be investigated within 30 days. If information is unverifiable, it must be removed. I request XXXX XXXX  ensures correction and removal of all inaccurate reports of missed payments in compliance with this provision. 
FCRA - Section 623 : Responsibilities of Furnishers of Information ( 15 U.S.C. 1681s-2 ) Section 623 mandates that data furnishers report only accurate information. Reporting my account as delinquent despite excessive deductions is a clear breach of this obligation.

Truth in Lending Act ( TILA ) - Section 128 ( b ) ( 15 U.S.C. 1638 ) The TILA mandates transparency in loan terms. Turning off autopay without prior notice and making excessive deductions contravenes TILAs transparency requirements.

Electronic Fund Transfer Act ( EFTA ) - Section 907 ( a ) ( 15 U.S.C. 1693e ) This law requires authorization for electronic fund transfers. XXXX XXXX  unauthorized and excessive deductions without prior notification violate XXXX guidelines. 
Consumer Financial Protection Act ( CFPA ) - Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) ( 12 U.S.C. 5531 ) The CFPA prohibits unfair or deceptive practices. XXXX XXXX  actionsunauthorized deductions, deactivation of autopay without notice, and reporting missed paymentsmeet CFPAs definitions of unfair practices.

Federal Trade Commission Act ( FTC Act ) - Prohibition Against Unfair or Deceptive Acts ( 15 U.S.C. 45 ) The FTC Act allows action against unfair or deceptive financial practices. XXXX XXXX  unauthorized actions and lack of transparency may be deemed unfair and deceptive under the FTC Act.

Fair Debt Collection Practices Act ( FDCPA ) - Protection Against Abusive Debt Collection ( 15 U.S.C. 1692f ) Although primarily aimed at third-party debt collectors, the FDCPAs standards against unfair or excessive debt collection apply as a reference for ethical treatment. Unauthorized excessive deductions and misreported delinquencies can be viewed as abusive practices. 
New York State Statutes New York General Business Law 349 - Deceptive Acts and Practices New York prohibits deceptive acts in consumer transactions. Unauthorized deactivation of autopay, unauthorized deductions, and misreporting constitute deceptive practices, causing undue financial harm.

New York General Business Law 601 - Prohibition Against Abusive Collection Practices This law restricts abusive debt handling practices, protecting consumers from financial harm due to unfair practices, including unauthorized charges and misreporting. 
New York Banking Law 9-f - Consumer Rights Protection for Banking Practices This law mandates fair treatment of New York consumers by financial institutions, ensuring they are notified of key changes to their account. XXXX XXXX  handling of my account contravenes this principle. 
New York Banking XXXX XXXX - Prohibition Against Excessive Charges on Loans and Accounts This law protects against excessive or unjustified charges. XXXX XXXX  unauthorized monthly principal deductions above the agreed amount violate this statute. 
New York Financial Services Law - DFS Enforcement Authority ( NY Fin. Serv. Law 404 ) The New York Department of Financial Services ( DFS ) has authority over financial institutions to enforce consumer protection. If my complaint remains unresolved, I am prepared to escalate it to DFS.

New York Personal Privacy Protection Law ( Public Officers Law 91-99 ) This law requires accuracy in handling consumer data, prohibiting negligent misreporting that leads to unauthorized or inaccurate sharing. XXXX XXXX  misreporting of missed payments violates my rights under this statute. 
New York Uniform Commercial Code ( UCC ) - Article XXXX : Funds Transfers The XXXX mandates that banks must follow fund transfer agreements, with notice of any changes. The unauthorized deactivation of autopay without notification violates this provision under the New York-adopted UCC standards .

New York State Banking Law 596 - Duty to Act in Good Faith This statute establishes the requirement for financial institutions to conduct their business in good faith and in a manner that does not harm customers. XXXX XXXX  unauthorized actions and lack of transparency in my account management are contrary to this duty. 

XXXX XXXX XXXX  actions have breached multiple federal and New York XXXX consumer protections. I expect a prompt response within the legally required 30 days, confirming that corrective actions have been completed. Failure to address this complaint satisfactorily will result in escalation to the New York State Department of Financial Services ( DFS ) and, if necessary, further action to protect my rights. 

Thank you for your immediate attention to this serious matter. I look forward to a swift and equitable resolution. 

Sincerely, 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