Consumer complaint received 2024-11-29 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc.
State: GA

Complaint narrative:
Subject : Demand to Exclude Transactions from My Consumer Report under 15 U.S.C. 1666b To Whom It May Concern : This letter serves as a formal demand for the immediate exclusion of the following transactions from my consumer report under the provisions of the Fair Credit Billing Act ( FCBA ), specifically 15 U.S.C. 1666b. The transactions in question fail to meet the disclosure requirements set forth in 15 U.S.C. 1637 ( b ) because I did not receive all required disclosures within the statutory timeframe of at least 21 days prior to the payment due date. 

The following transactions are in dispute : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Transaction Date : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XXXX XXXX, XX/XX/XXXX, Reason for Exclusion : Lack of required disclosures under XXXX ( b ). 

LEGAL BASIS FOR THIS DEMAND 1. 15 U.S.C. 1666b : This provision prohibits creditors from imposing late fees or other penalties unless all disclosures mandated by 1637 ( b ) are provided at least 21 days before the due date for payment. As such, any reporting of transactions tied to these undisclosed penalties is unlawful and must be excluded from my credit report.

2. 15 U.S.C. 1637 ( b ) : This section specifies the disclosures creditors must provide, including billing statements containing clear information on finance charges, due dates, and the consequences of nonpayment. Failure to comply renders any associated penalties unenforceable.

3. 15 U.S.C. 1681e ( b ) : As a credit reporting agency, you are required to ensure maximum possible accuracy in consumer reports. Reporting transactions tied to violations of 1637 ( b ) fails this standard.

COURT PRECEDENTS SUPPORTING EXCLUSION Several court cases reinforce the legal obligation to ensure compliance with disclosure requirements and proper credit reporting practices : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : The XXXX Supreme Court emphasized the importance of creditors adhering strictly to disclosure requirements under the Truth in Lending Act ( TILA ), of which the FCBA is a part. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) : The court found that penalties imposed without proper disclosures violated consumer protection laws, making the associated reporting invalid. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) : The court held that failing to comply with statutory consumer protections can result in liability for incorrect reporting. 

DEMAND FOR ACTION In light of these violations, I demand the following actions : XXXX. The immediate exclusion of the disputed transactions from my credit report. 
2. Written confirmation within 30 days that the transactions have been removed.

3. Notification to any third parties to whom has reported this inaccurate information, in accordance with 15 U.S.C. 1681i ( d ).

Failure to comply with this demand will constitute a violation of federal law, including your obligations under the Fair Credit Reporting Act ( FCRA ) and the FCBA. I will not hesitate to escalate this matter by filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my states Attorney General. Furthermore, I reserve the right to pursue legal remedies for damages under 15 U.S.C. 1681n and 1681o.

Thank you for your immediate attention to this matter. I expect a prompt resolution of this dispute within the statutory timeframe. 

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