Credit reporting or other personal consumer reports -- Problem with a company's investigation into an existing problem -- Complaint #11016989

Complaint Overview

Complaint ID: 11016989

Company: Experian Information Solutions INC.

Product: Credit reporting or other personal consumer reports

Sub-Product: Credit reporting

Issue: Problem with a company's investigation into an existing problem

Sub-Issue: Their investigation did not fix an error on your report

State: North Carolina

ZIP Code: 27526

Date Received: 2024-12-03T12:00:00-05:00

Date Sent to Company: 2024-12-03T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Tags: Servicemember

Consumer Narrative

XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NC XXXX XXXX XXXX Subject : Formal Request for Immediate Deletion of Misrepresented Account and Proper Reinvestigation To : Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX XXXX Washington, XXXX XXXX Re : Failure to Correct Errors and XXXX XXXX XXXX XXXX XXXX Account Dear CFPB, I am submitting this formal complaint regarding Experian 's failure to address inaccuracies and misrepresentation on my credit report for the XXXX XXXX XXXX XXXX account ( # XXXX ). Despite my previous notification of errors and request for reinvestigation, Experian has failed to meet its obligations under the Fair Credit Reporting Act ( FCRA ), as detailed below. Summary of Events : Initial Notification of Errors : On XX/XX/XXXX, I sent Experian a notification outlining specific errors on my credit report, requesting a proper reinvestigation and correction of the inaccuracies. Inadequate Response from Experian : On XX/XX/XXXX, Experian provided an updated credit report that failed to correct the identified issues. Instead : The erroneous account remains on my credit report. The report now states that the account will remain on my credit report until XX/XX/XXXX ( Experian ) and XX/XX/XXXX ( XXXX ). XXXX shows no payment history for XX/XX/XXXX, XX/XX/XXXX, or XX/XX/XXXX. Experian inaccurately lists payment history as : XX/XX/XXXX : " CO '' ( Charge-Off ). XXXX XXXX : " CO. '' XXXX XXXX : " CO. '' Misrepresentation and Lack of Compliance : Experians actions demonstrate a clear lack of proper reinvestigation, as required by law. The timing of the response ( only three days ) raises concerns about the thoroughness of their investigation. Based on these facts, I request immediate action for the deletion of this account due to its misrepresentation. Formal Requests and Additional Information : Immediate Deletion : If Experian can not provide documentation proving that the information reported is valid, the account must be removed immediately. Misrepresented information violates FCRA and consumer protection laws. Proper Reinvestigation : Experian must conduct a proper reinvestigation into the errors and inconsistencies outlined. I am specifically requesting that Experian not rely on the automated E-Oscar system for this reinvestigation but instead provide documentation verifying the accuracy of the reported information. Required Documentation : If Experian deems this account valid and verified, I require the following : The name and employee number of the person who authorized the inquiries during their initial investigation. The dates and details of their investigative process. All documentation used to verify the information in question, from the date of my initial request to the present. If Experian can not produce these documents, it is clear that the reinvestigation did not comply with the standards set by law, and the account must be deleted immediately. Applicable Laws and Violations : FCRA 15 U.S.C. 1681e ( b ) : CRAs are required to adopt reasonable procedures to ensure maximum possible accuracy in reporting. Experian 's failure to correct known errors violates this provision. FCRA 15 U.S.C. 1681i ( a ) : CRAs must conduct a timely and thorough reinvestigation of disputed information. The inadequate response received on 12/02/2024 indicates a failure to fulfill this obligation. FCRA 15 U.S.C. 1681s-2 ( b ) : Furnishers, such as XXXX XXXX XXXX are required to investigate disputes and report accurate information. The inconsistencies across the reports demonstrate non-compliance. Unfair or Deceptive Acts 15 U.S.C. 45 : Misleading payment history and retention periods constitute unfair and deceptive practices that harm consumers. Relevant Case Law : XXXX v. XXXX, XXXX ( XXXX ) : Reinforces the requirement for accurate and complete reporting. XXXX XXXX XXXX ( XXXX ) : Demonstrates CRA liability for misrepresentation and lack of investigation. Damages Consideration : If these inaccuracies are not promptly corrected and the misrepresented account deleted, I will explore further legal remedies, including seeking compensation for the damages caused by XXXX actions. These damages include harm to my creditworthiness, emotional distress, and the violation of my consumer rights under the FCRA. Closing Statement : I trust that the CFPB will take this matter seriously and hold Experian accountable for its failure to comply with federal law. Please ensure that Experian conducts a thorough reinvestigation and removes all inaccurate and misrepresented information regarding this account. Thank you for your attention to this matter. I look forward to your prompt response. Sincerely, XXXX XXXX

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