Consumer complaint received 2025-05-27 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc.
State: MO

Complaint narrative:
XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX To : Experian XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  CC : Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX XXXX XXXX XXXXXXXX Subject : Intent to Sue Failure to Remove Fraudulent XXXX XXXX Account in Violation of FCRA and Identity Theft Protections Dear Sir or Madam, My name is XXXX XXXX, and I am formally writing to notify you of a fraudulent account that is currently being reported on my credit report under the name XXXX XXXX for a loan in the amount of {$52000.00}. This account was opened without my knowledge, consent, or authorization by an individual named XXXX XXXX, who unlawfully used my personal information to acquire the loan. 

This matter is currently pending litigation and will shortly be brought before the courts. In the interim, I am invoking my rights under the Fair Credit Reporting Act ( FCRA ) and specifically under 15 U.S. Code 1681c-2, which requires that a credit reporting agency block any information that the consumer identifies as resulting from identity theft within four ( 4 ) business days of receiving : Proof of identity, A police report or an identity theft report, The identification of the fraudulent information, and A statement from the consumer that the information is fraudulent It is important to note that once the required identity theft documentation has been submitted, the disputed account can not remain on the credit report pending any internal investigation the credit bureau may wish to undertake. The law is clear : the fraudulent information must be removed immediately. The FCRA does not permit continued reporting of fraudulent information during an investigation once a valid identity theft report is received. The investigation, if pursued, must follow the removalnot delay it. 

You are now on notice that the XXXX XXXX account is the result of identity theft, fraud, and misrepresentation, and as such must be permanently blocked and removed from my credit report within four ( 4 ) business days of this notification. 

I also notified XXXX XXXX directly of the issue. Additionally, I spoke with an agent at the CFPB who confirmed that XXXX XXXX is in clear violation of FCRA laws. The law states, and I quote : Duties When ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. ( Section 623 ( a ) ( 6 ) ). 
If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. ( Section 623 ( a ) ( 2 ) ).

When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. ( Section 615 ( f ) ). 

Further, if you choose not to remove the disputed information, the law requires that you provide a written statement of your findings and justification, supported by evidence proving that this account is not fraudulent. This evidence must be provided to me within five ( 5 ) business days of this notification.

Failure to act in accordance with 15 U.S.C. 1681n and 1681o may subject your agencies to civil liability, including actual damages, punitive damages, and attorneys fees. These provisions apply in cases of both willful noncompliance and negligent noncompliance with the FCRA. 

Moreover, I am requesting that the Consumer Financial Protection Bureau ( CFPB ) conduct an independent review of this matter and issue a formal warning to Experian and XXXX for failure to comply with the federal laws protecting consumers from identity theft. 

This is not an isolated case. In XXXXXXXX XXXX XXXX XXXXXXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court held that a credit bureaus failure to reinvestigate and correct inaccurate data after being notified of identity theft was a willful violation of the FCRA, resulting in damages being awarded to the consumer. Similarly, in XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ), the court held that a credit bureau must conduct a reasonable investigation when a consumer disputes the accuracy of information, or be held liable for failing to do so. 

I have attached a copy of the relevant FCRA provisions as provided to me by the CFPB. You now have a statutory obligation to take immediate corrective action. 
If this account is not removed from my credit report within four business days of your receipt of this letter, I will proceed with legal action and seek damages for the continued reporting of false and injurious information. I will also request further intervention from the CFPB to ensure your compliance. 

We are a country governed by laws, and I expect you to abide by them. 

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