Credit reporting or other personal consumer reports -- Improper use of your report -- Complaint #10094374

Complaint Overview

Complaint ID: 10094374

Company: Experian Information Solutions INC.

Product: Credit reporting or other personal consumer reports

Sub-Product: Credit reporting

Issue: Improper use of your report

Sub-Issue: Reporting company used your report improperly

State: California

ZIP Code: 92553

Date Received: 2024-09-11T12:00:00-05:00

Date Sent to Company: 2024-09-11T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

I am filing this formal complaint regarding several violations of the Fair Credit Reporting Act ( FCRA ) by credit reporting agencies and debt buyers. These violations include inaccurate reporting of charge-offs, unauthorized inquiries, incorrect personal information, and errors that continue to harm my credit profile. Despite my efforts to resolve these matters directly, the violations remain unaddressed. I seek your intervention to enforce the law and hold the responsible parties accountable. Companies XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX il XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, de XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX mi XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX nv XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX mn XXXX XXXX XXXX XXXX XXXX XXXX XXXX ca XXXX XXXX. Unauthorized Hard and Soft Inquiries Violations of 15 U.S. Code 1681b Credit reporting agencies have allowed unauthorized hard and soft inquiries to appear on my credit report. Under 15 U.S. Code 1681b ( 604 ) ( a ), a consumer report may only be furnished for permissible purposes, such as when there is a direct contractual relationship or when the consumer has provided explicit written consent. In my case, I did not authorize these inquiries. The continued presence of these inquiries violates the FCRA, and they must be deleted immediately. 1. Violations of 15 U.S. Code 1681b Permissible Purposes of Consumer Reports The credit reporting agencies have violated 15 U.S. Code 1681b ( 604 ) ( a ) by furnishing my consumer report to third-party debt buyers who do not have a valid contract with me. I have not authorized these parties to access or report on my credit file, yet their erroneous entries, including charge-offs and other derogatory marks, continue to appear on my report. 2. Violations of 15 U.S. Code 1681s-2 ( a ) ( 1 ) Responsibilities of Furnishers of Information Creditors and debt collectors, who have no valid contractual relationship with me, have continued to report charge-off accounts that have been sold to third parties. These furnishers are violating 15 U.S. Code 1681s-2 ( a ) ( 1 ) by reporting inaccurate and outdated information, which misrepresents the status of the debts. Once an account has been sold, the original creditor no longer has the legal standing to report it as active. 3. Reporting Charge-Offs which is Income Violations of 15 U.S. Code 1681c Creditors have unlawfully reported charge-off amounts as income, which is explicitly prohibited under 15 U.S. Code 1681c. This practice is not only misleading but also illegal, as it distorts the accuracy of my financial records. Such actions are further compounded by the failure to update the information to reflect that the debts have been sold, which results in a violation of 15 U.S. Code 1666. 4. No Valid Contract with Debt Buyers Violations of 15 U.S. Code 1681b Under 15 U.S. Code 1681b, consumer reporting agencies and creditors may only report information backed by a valid contract with the consumer. Debt buyers reporting my accounts have no such legal standing, as I never entered into any agreement with these third-party collectors. Therefore, their continued reporting is a violation of the FCRA and a clear breach of federal law. 5. Violations of 15 U.S. Code 1681e ( b ) Ensuring Accuracy in Reporting Credit reporting agencies are required to follow reasonable procedures to ensure the maximum accuracy of the information they report under 15 U.S. Code 1681e ( b ). However, the continued inclusion of inaccurate charge-off accounts, misreported debts, and outdated information on my credit report demonstrates their failure to comply with this legal obligation. 6. Adverse Information Reporting Violations of 15 U.S. Code 1681a ( 5 ) The reporting of adverse information, including sold charge-offs, violates 15 U.S. Code 1681a ( 5 ). Adverse information can not be reported without ensuring it reflects the accurate status of the account. The failure to update my report with correct information constitutes a blatant violation of the FCRA. 7. Violations of 15 U.S. Code 1692b ( 5 ), 1692d ( 2 ), and 1692c ( a ) FDCPA Violations The debt collectors in question have also violated the Fair Debt Collection. 3. Sold Charge-Offs Reported by Original Creditors Violations of 15 U.S. Code 1681s-2 ( a ) ( 1 ) Creditors are prohibited from reporting debts they no longer own under 15 U.S. Code 1681s-2 ( a ) ( 1 ). However, several sold charge-off accounts are still being reported as though they are owned by the original creditor. This misrepresentation misleads credit reporting agencies and potential lenders, violating both the FCRA and my consumer rights. These accounts should be immediately removed, and the creditors should face fines for this violation. 4. No Valid Contract with Debt Buyers Violations of 15 U.S. Code 1681b Debt buyers who now own the accounts are also illegally reporting these debts on my credit report, despite there being no valid contract between us. As per 15 U.S. Code 1681b, information can only be reported if there is a valid contract between the consumer and the entity furnishing the information. The debt buyers ' reporting is both unlawful and harmful, and all such entries must be deleted from my credit report. 5. Inaccuracies in Reporting Adverse Information Violations of 15 U.S. Code 1681a ( 5 ) Under 15 U.S. Code 1681a ( 5 ), adverse informationsuch as charge-offsmust be reported accurately. However, charge-offs and other negative information on my report do not accurately reflect the current status of the accounts, as they have either been sold or were reported with incorrect details. This failure to update or correct adverse information violates the FCRA, and all such entries must be removed. 6. Incorrect Personal Information : Names and Addresses Additionally, my credit report contains inaccurate personal information, including incorrect names and addresses. Under 15 U.S. Code 1681e ( b ), credit reporting agencies are required to take reasonable steps to ensure maximum possible accuracy in the consumer reports they furnish. The presence of incorrect names and addresses, which I have never used, is a violation of this provision. These errors not only damage my credit profile but also compromise the accuracy and integrity of my credit report. I request that these incorrect personal details be corrected immediatelyRe : Formal Complaint Against Credit Reporting Agencies and Debt Buyers for Inaccurate Reporting of Charged-Off Accounts, Violations of Fair Debt Collection Practices Act, and FCRA Violations Credit Reporting Agencies : XXXX XXXX XXXX XXXX, XXXX, PA XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX GA XXXX Experian XXXX XXXX XXXX, XXXX, TX XXXX Dear CFPB XXXX I am filing this formal complaint regarding multiple violations of the Fair Credit Reporting Act ( FCRA ) and Fair Debt Collection Practices Act ( FDCPA ) committed by credit reporting agencies and debt buyers. These violations include inaccurate reporting of charged-off accounts, incorrect reporting of late payments, and improper collection practices by third-party debt buyers who lack a valid contractual relationship with me. 1. Inaccurate Reporting of Charged-Off Accounts Violations of 15 U.S. Code 1681s-2 ( a ) ( 1 ) Under 15 U.S. Code 1681s-2 ( a ) ( 1 ), creditors and furnishers are required to provide accurate information to credit reporting agencies. Several of my accounts have been sold to third-party debt buyers, yet they are still being reported as active debts by the original creditors, including : XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX, but still being reported inaccurately. XXXX XXXX Charged off on XX/XX/XXXX. Was charger off XX/XX/XXXX still being reported XXXX Charged off on XX/XX/XXXX. Has never had an account or contract with These debts were sold to third-party collectors, and under the law, the original creditors no longer have legal standing to report them. Their continued reporting as active debts is misleading and violates my rights under the FCRA. 2. Unauthorized Reporting by Debt Buyers Violations of 15 U.S. Code 1681b Under 15 U.S. Code 1681b, consumer reports may only be accessed for permissible purposes, such as when there is a direct contractual relationship. The third-party debt buyers, including XXXX and XXXX, have no valid contractual agreement with me, and yet they continue to report my charged-off accounts, violating the FCRA and FDCPA. These entities must cease all reporting activities and remove these debts from my credit report immediately. 3. Misreporting of Late Payments Violations of 15 U.S. Code 1681c and 15 U.S. Code 1666 Several of my accounts have been inaccurately reported with late payments, despite being charged off or sold. The following creditors have reported incorrect late payments : XXXX XXXX XXXX payments reported in early XXXX despite the account being charged off and sold. XXXX XXXX payments reported for early XXXX after the account was sold to a third-party debt collector. Under 15 U.S. Code 1681c, adverse information, including late payments, can not be reported inaccurately. Additionally, the improper reporting of these late payments also violates 15 U.S. Code 1666, which governs the accurate reporting of financial transactions. 4. Violations of the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S. Code 1692 Debt buyers, including XXXX and XXXX, have violated the Fair Debt Collection Practices Act by : Attempting to collect on charged-off debts without valid contracts ( in violation of 15 U.S. Code 1692f ). Harassment and continued misreporting of inaccurate debt information ( in violation of 15 U.S. Code 1692d ). Failing to report the debts as disputed, despite receiving my disputes ( in violation of 15 U.S. Code 1692e ( 8 ) ). 5. Remedies and Fines Under 15 U.S. Code 1681n and 1681o For the willful and negligent non-compliance with the FCRA, I request the following remedies under 15 U.S. Code 1681n and 15 U.S. Code 1681o : Statutory damages of up to {$1000.00} per violation. Actual damages for the harm to my credit score and financial standing caused by these inaccurate reports. Punitive damages for willful violations of the FCRA and FDCPA. Recovery of legal fees and costs associated with addressing these violations.Re : Formal Complaint Regarding Unauthorized Hard and Soft Inquiries Violations of Fair Credit Reporting Act ( FCRA ) Dear CFPB, I am filing this formal complaint regarding multiple violations of the Fair Credit Reporting Act ( FCRA ) by credit reporting agencies and entities that have made unauthorized hard and soft inquiries on my credit report. These inquiries were conducted without my consent or any legally valid reason, and their presence has negatively impacted my credit profile. I seek immediate corrective action and enforcement of the relevant laws. 1. Unauthorized Hard and Soft Inquiries Violations of 15 U.S. Code 1681b Under 15 U.S. Code 1681b, a consumer report may only be furnished for specific permissible purposes, such as when there is a valid contract, a written authorization from the consumer, or for purposes specifically outlined in the statute. The following hard and soft inquiries were made without my authorization or any legally valid reason : [ List of unauthorized inquiries, e.g., XXXX XXXX, XXXX, etc. ] I did not initiate these inquiries, nor did I provide any explicit consent for these companies to access my credit file. The continued presence of these inquiries violates the FCRA and damages my credit standing by lowering my credit score and creating inaccurate information. 2. Impact of Unauthorized Inquiries Hard inquiries, in particular, can significantly lower a consumers credit score, and soft inquiries, while not always visible to other creditors, still reflect improperly on my credit history. The presence of unauthorized inquiries misrepresents my financial activity and negatively affects my ability to obtain credit on favorable terms. 3. Legal Remedies and Violations of the FCRA The unauthorized inquiries constitute a violation of 15 U.S. Code 1681b, and I am entitled to

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