Credit reporting or other personal consumer reports -- Problem with a company's investigation into an existing problem -- Complaint #14383417

Complaint Overview

Complaint ID: 14383417

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: Was not notified of investigation status or results

State: Wisconsin

ZIP Code: 535XX

Date Received: 2025-06-30T12:00:00-05:00

Date Sent to Company: 2025-06-30T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

This complaint alleges willful and egregious noncompliance by Experian Information Solutions , Inc. with its statutory obligations under the Fair Credit Reporting Act ( FCRA ), specifically pertaining to its failure to conduct a reasonable reinvestigation, its continued fraudulent reporting of a demonstrably invalid debt, and its deliberate omission to properly designate a disputed account on my consumer report, thereby perpetuating the malfeasance of XXXX XXXX XXXX XXXX. Detailed Statement of Facts and Violations : Antecedent Unlawful Repossession and Void Debt : On or about XXXX XXXX, XXXX XXXX XXXXXXXX XXXX , through its agents, perpetrated an unlawful and egregious seizure of my XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX ). This act constituted an unmitigated and flagrant breach of the peace under Wis. Stat. 425.206 ( Wisconsin Consumer Act ) and Wis. Stat. Ann. 409.609 ( Uniform Commercial Code as adopted in Wisconsin ), by surreptitiously removing the vehicle from a third-party premises without my knowledge, consent, or any lawful authority. XXXX XXXX further compounded this illegality by failing to provide the statutorily mandated notice of default and opportunity to cure pursuant to Wis. Stat. 425.104 WCA. These profound statutory violations unequivocally establish that XXXX XXXX possessed no present right to possession of the collateral, rendering the purported repossession null and void XXXX XXXX. Consequently, any alleged outstanding balance of {$9400.00} on Account No. XXXX is inherently invalid, uncollectible, and nonexistent as a matter of law, particularly in light of the loan 's coverage and the foundational terms set forth in the Truth in Lending Statement ( 15 U.S.C. 1601 et seq. ). Experian 's Deliberate Dereliction of FCRA Duties : Despite the irrefutable illegality of the underlying repossession and the void nature of the alleged debt, XXXX XXXX XXXX XXXX has engaged in a systematic pattern of fraudulent reporting. In response to this egregious conduct, I formally transmitted a " Final Dispute & Cease & Desist '' letter, accompanied by comprehensive supporting documentation substantiating the unlawful repossession and the non-existence of any legitimate debt, to Experian Information Solutions , Inc . This critical communication was received by Experian on XX/XX/XXXX. Notwithstanding explicit receipt of this formal dispute and compelling evidence, Experian has engaged in the following willful and unconscionable violations of the Fair Credit Reporting Act ( FCRA ) : Failure to Mark as " Under Dispute '' : In direct contravention of 15 U.S.C. 1681i ( a ) ( 3 ) ( B ), Experian has deliberately failed to designate Account No. XXXX as " UNDER DISPUTE '' on my consumer report. As of XX/XX/XXXX, this account continues to be reflected as " POTENTIALLY NEGATIVE, '' thereby misleading creditors and perpetuating severe financial detriment. This omission is not merely an oversight ; it is a calculated act of noncompliance designed to undermine my statutory rights. Failure to Conduct Reasonable Reinvestigation : Experian 's continued display of this demonstrably false and disputed account, without proper notation, constitutes a failure to conduct a reasonable reinvestigation as mandated by 15 U.S.C. 1681i ( a ) ( 1 ) ( A ). The very premise of the reported debt is predicated upon an unlawful act, and Experian 's refusal to acknowledge or properly investigate this fundamental defect is a profound dereliction of its duties. Continued Furnishing of Inaccurate Information : By allowing this account to remain reflected as " POTENTIALLY NEGATIVE '' and failing to remove or correct it, Experian is actively participating in the unauthorized and fraudulent furnishing of information that is patently inaccurate and unverifiable, in violation of its overarching obligations under 15 U.S.C. 1681e ( b ) to ensure maximum possible accuracy. Harm and Legal Recourse : Experian 's actions constitute willful noncompliance with the FCRA, subjecting it to liability for actual damages, statutory damages ( up to {$1000.00} per violation ), and punitive damages, along with attorney 's fees and costs, pursuant to 15 U.S.C. 1681n. The perpetuation of this fabricated debt on my credit file inflicts severe and ongoing financial injury, including but not limited to, damage to my creditworthiness, denial of credit, and increased interest rates. Resolution Demanded : I demand that the Consumer Financial Protection Bureau compel Experian Information Solutions , Inc. to undertake the following immediate and decisive actions : Immediate and Permanent Expungement : Direct the immediate, complete, and permanent expungement of Account No. XXXX in its entirety, including all references to the purported repossession and any alleged balance, from my Experian consumer report. Acknowledgement of XXXX XXXX : Affirm that no balance is owed on Account No. XXXX, given the antecedent unlawful repossession and the uncollectibility of any alleged debt. Compliance with FCRA : Ensure Experian 's strict adherence to all provisions of the FCRA, particularly those pertaining to reasonable reinvestigation and the accurate reporting of disputed information. I reserve all rights and remedies available to me under the full breadth of federal and state law, including but not limited to the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), the Truth in Lending Act ( TILA ), the Wisconsin Consumer Act ( WCA ), the Uniform Commercial Code ( UCC ) as adopted in Wisconsin, and any other applicable statutes or common law. This complaint serves as an unequivocal demand for immediate corrective action and a precursor to further legal proceedings should these egregious violations persist.

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