Consumer complaint received 2024-12-04 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Public record information inaccurate
Company: Experian Information Solutions Inc.
State: MO

Complaint narrative:
Experian Information Solutions , Inc . 
XXXX XXXX XXXX XXXX, TX XXXX Re : Cease and Desist Request Regarding Inaccurate Bankruptcy Reporting Dispute Reference : XXXX Consumer Report : XXXX To Whom It May Concern, I am writing to formally demand that Experian Information Solutions immediately cease and desist from continuing to report the inaccurate bankruptcy entry on my credit report. This reporting is in violation of the Fair Credit Reporting Act ( FCRA ), and I am prepared to take all necessary legal actions should Experian fail to resolve this matter in accordance with the law. 
1. FCRA Violation : As outlined in Section 605 of the Fair Credit Reporting Act ( 15 U.S.C. 1681c ), if a bankruptcy is reported, it must be done in compliance with the law and only if it is verifiable and accurate. The bankruptcy in question, as reported on my credit report, is incorrect, unverifiable, and incomplete. I have already filed a FTC complaint ( which you should have received ), and the relevant court has confirmed that they do not report to credit bureaus. 
Under 15 U.S.C. 1681i of the FCRA, once a consumer files a dispute, the credit reporting agency is required to conduct a reasonable investigation and resolve any inaccuracies. I have disputed this information, yet Experian has failed to conduct an adequate investigation and continues to report the inaccurate bankruptcy entry. Experian has not fulfilled its obligations under the FCRA to either remove or correct this erroneous information. 
2. Violation of the FTC Reporting Guidelines : Furthermore, under Section 605A of the FCRA, consumer reporting agencies are obligated to block any information that is inaccurate or can not be verified within a reasonable time frame. The bankruptcy entry in question, as confirmed by the court, should not be reported, and Experian has failed to comply with the FTC guidelines which mandate that such information must be blocked within 4 business days of receiving the complaint. 
3. Immediate Legal Consequences : Please be advised that your continued failure to correct or remove this inaccurate information is not only a direct violation of the FCRA, but also subjects Experian to potential legal liability. Specifically, under 15 U.S.C. 1681n, if a consumer reporting agency willfully fails to comply with the FCRA, the consumer is entitled to actual damages, statutory damages, and potentially punitive damages. Additionally, under 15 U.S.C. 1681o, if a violation is found to be negligent, Experian could be liable for actual damages resulting from this wrongful reporting.

I request that Experian immediately : 1. Cease reporting the inaccurate bankruptcy entry ; 2. Remove the entry from my credit report, and 3. Provide written confirmation that the item has been corrected or removed.

If this issue is not resolved within 15 days of receipt of this letter, I will have no choice but to pursue legal remedies, which may include : Filing a complaint with the Consumer Financial Protection Bureau ( CFPB ) ; Seeking a private lawsuit for FCRA violations ; and Seeking compensatory and punitive damages for any harm caused by this inaccurate reporting.

Please consider this letter a formal warning that if this issue is not resolved promptly, I will pursue all legal avenues available to me to protect my rights under the law.

I expect confirmation of removal of this item and any related updates to my credit file in writing within the required timeframe. 
Thank you for your immediate attention to this matter.

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