01/15/2025
CFPB suing Experian. What do you mean? Below is information I received about how the CFPB is there to protect consumers.
Below is breaking news in the world of credit that you may not know about but don’t fret, we will always make sure you are aware of important information that directly impacts your clients and maybe even you.
On January 7th, 2025, the CFPB officially filed a lawsuit against one of the largest consumer reporting agencies in the country- Experian. Yes, you read that right! But what are they suing them over? Great question! I received this information and wanted to share it with you.
THE ALLEGATIONS:
•Failure to conduct legit investigations on dispute requests: The CFPB alleges that Experian used poor intake procedures and failed to accurately present all relevant dispute information to the original creditor. What this means is that even when a client should have been in the right based on the information Experian received (i.e. deletion letters, proof of payment, or the creditor providing improbable or illogical information) Experian failed to complete a thorough investigation which would have resulted in a deletion of the tradeline per the FCRA leading to inaccurate information remaining on a consumers report.
•Allowing inaccurate information to be re-reported: When a client successfully wins a dispute resulting in a deletion, Experian has allegedly failed to use basic procedures to prevent the possibility of re-reporting by a new creditor of a previously deleted account. The other two well-known bureaus have procedures to match previously deleted items with new items attempting to be reported by new creditors.
•Additional charges: In total, the CFPB is suing on 9 counts of FCRA violations as well as 4 counts of violations of the Consumer Finance Protection Act. These other allegations include failing to delete inaccurate, incomplete or unverified information (FCRA); failing to follow procedures in place to assure maximum possible accuracy of the credit information being reported by Experian (FCRA); failing to provide adequate written notice to the consumers of the results of their investigation (FCRA); “failing to convey consumers’ disputes to furnishers fully and accurately, and instead distorting, truncating, and mischaracterizing consumers’ disputes” (CFPA); relying entirely on creditors to resolve disputes, continuously doing nothing other than sending the dispute to the creditor and implementing their response EVEN IF they have evidence of the creditors unreliability.
The Bottom Line:
I know that was a long read but if you skipped over all that and are reading here, the basic details of the situation is that the CFPB is alleging that Experian, at multiple points in the past years have failed to protect consumers at every turn in the dispute process. Which is not only violating multiple FCRA laws and CFPA laws but also directly negatively impacting the consumers by failing to remove inaccurate information, allowing re-reporting of previously deleted information and, in some cases, completely disregarding the dispute as a whole.
So how does this affect the consumer or you? Well, as we both know very well, negative information on a client’s credit report can affect not just a consumer’s ability to purchase a home but also things like employment, car insurance rates, interest rates on credit cards, housing, etc. This will in turn, of course, cause many issues for you while trying to push a loan through. The CFPB is "hoping" to correct these issues and force Experian to follow procedures put in place to protect people and it’s our job to help protect your clients as well!
For now, this is just the beginning of the lawsuit, and we will know more as it progresses, but this is yet another example of why our clients need us to help them and keep them informed. If they can’t rely on these bureaus, who else do they have besides us? Through PWC's platform clients are able to file direct disputes that are easily tracked, monitored, and often completed quicker. Your job is just to get them connected!
Speaking of getting people connected, if this made you think of someone that could benefit from doing a consultation to discuss their credit, send them on over! If you have any questions about this lawsuit or how it can affect you as a mortgage professional or even as a consumer, please don’t hesitate to reach out!
Talk to you soon