Consumer complaint received 2025-04-04 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Investigation took more than 30 days
Company: Experian Information Solutions Inc.
State: NJ

Complaint narrative:
I am writing to formally dispute the reporting of charge-offs on my consumer report related to the following accounts : XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Under federal consumer protection laws, including but not limited to 15 U.S.C. 1665, 15 U.S.C. 1637 ( b ), 15 U.S.C. 1681s-2, 15 U.S.C. 1681i, and 15 U.S.C. 1666b, Experian is required to ensure that all furnished information is accurate, verifiable, and compliant with consumer protection laws. 

Violation of Notification Requirements Under 15 U.S.C. 1637 ( b ) and 15 U.S.C. 1666b Charge-offs are an accessory of late payments, meaning that a charge-off can not exist without a series of reported late payments leading up to it. Late payments are directly tied to charge-offs and are therefore inseparable in nature. Without a properly documented history of late payments, any charge-off is invalid and unverifiable. 

Federal law mandates that creditors provide written notice of late payments before escalating to a charge-off status. 15 U.S.C. 1637 ( b ) explicitly requires periodic statements to be sent to consumers outlining balances, due dates, and late fees. Furthermore, 15 U.S.C. 1666b mandates that payments must be treated as on-time unless creditors establish reasonable procedures to ensure timely notice. 

If Experian can not provide tangible evidence that these notices were sent in compliance with federal law, the charge-offs must be removed immediately. 

Lack of Charge-Off Notification Violates 15 U.S.C. 1681s-2 Under 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), furnishers must provide accurate information and notify consumers before reporting negative data. If no charge-off notice was ever mailed to me, Experian has an obligation to remove the charge-off as it was reported without proper legal basis.

Additionally, Experian must ensure that all furnished data complies with Metro 2 Compliance Standards, which outline how charge-offs should be reported. Any failure to provide verifiable proof that these notices were mailed before reporting the charge-offs constitutes a direct violation of both Metro 2 and the Fair Credit Reporting Act ( FCRA ).

Violation of Proper Reinvestigation Procedures Under 15 U.S.C. 1681i Experian is obligated to conduct a thorough reinvestigation of disputed information under 15 U.S.C. 1681i. If Experian is relying on computer-generated records, unverifiable statements, or generic responses from the furnisher to validate the charge-offs, this is an unacceptable practice that violates consumer protection laws.

DEMAND FOR REMOVAL Given the above violations, I demand the following actions be taken immediately : Provide verifiable, physical documentation proving that charge-off notices and late payment notices were sent to me in compliance with 15 U.S.C. 1637 ( b ) and 15 U.S.C. 1666b.

If such tangible documentation can not be provided, remove all charge-off notations from my consumer report for the accounts listed above.

Update my consumer report to accurately reflect compliance with all federal consumer protection laws.

WARNING DO NOT attempt to validate this dispute using computer-generated charge-off notices, unverifiable statements, or generic records. Any attempt to fabricate or alter documents for certification purposes will be treated as an act of fraud. If Experian engages in any deceptive practices during this investigation, I will escalate this matter accordingly, including but not limited to filing complaints with the CFPB, FTC, and Attorney General 's office, and pursuing legal action.

I expect a response and resolution to this matter within 30 days, as required under the FCRA. Failure to comply will be regarded as Willful non-compliance

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