Consumer complaint received 2024-04-27 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc.
State: NC

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NC XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, UT XXXX Notice to Agent is Notice to Principal, Notice to Principal is Notice to Agent You [ CAPITAL XXXX ] replied that the alleged transaction you furnished as late was { XXXX verified } but my previous dispute did not ask you for accuracy or validation. 
I the year and months of { XXXX, XXXX, XXXX and XXXX, XXXX, XXXX } you furnished to { Experian, XXXX, } put the CRA that is reporting the late payment } an alleged transaction as Late. 
15 U.S. Code 1666b - Timing of payments ( a ) TIME TO MAKE PAYMENTS A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

I requested the information that must have or possess by law in order for you to furnish a payment as late.

This is being request pursuant rule 1002.

In other words, to properly report information as verified, the furnisher must have sufficient evidence to support the conclusion that the information was true, and in doing this the conditions required by 15 USC 1666b must be met.

You failed to provide the required requested information, you failed to proceed in accordance with the requires for a creditor to treat a payment as late. Please provide the certified mail tracking for these letters It has been over 30 days and you have not properly verify the information.

Id. at 1303 ; see also Blacks Law Dictionary ( 11th ed. 2019 ) ( defining verify as [ t ] o prove to be true ; to confirm or establish the truth or truthfulness of ; to authenticate ).

Importantly, a furnishers inability to conclusively determine that the disputed information is inaccurate does not mean that the furnisher is permitted to report back to the consumer reporting agency that its investigation verified the accuracy of that information. Instead, if the evidence available to the furnisher is insufficient to establish the truth or falsity of the disputed information, then, under the statutory framework, the furnisher must report that its investigation concluded that the disputed information can not be verified.

Hinkle, 827 F.3d at 1304. So, for example, if a furnisher is unable to verify that a consumer missed a payment, then it may be appropriate for the furnisher to delete any mentions of the missed payment while continuing to report other information about the account.

Delete the information you are furnishing to the Consumer Reporting Agencies as late from account : [ XXXX ] Your Name _________________________________ Without Recourse UCC 1-308

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