Zmississippi Vs Experian Complaint

33 States Find Errs in Experian Credit Reporting. http://www.neilburnslaw.com/
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Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 1 of 102 Case: 24CH1:14-cv-01212 Document #: 2 Filed: 05116/2014 Page 1 of 85 IN THE CHANCERY COURT OF THE FIRST JUDICIAL DISTRICT OF HARRISON COUNTY, MISSISSIPPI STATE OF MISSISSIPPI ex TeL JIM HOOD, ATTORNEY .GENERAL OF THE STATE OF MISSISSIPPI, Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS, INC., Defendant. COMPLAlNT JOHN McADAMS, CHANCERY CLERK D.C. Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 2 of 102 Case: 24CH1:14-cv-01212 Document #: 2 'Filed: 05116/2014 Page 2 of 85 TABLE OKCONTENTS INTRODUCTION .. ,CO'., •. : .. ". ......... ,.,., ... , .... , ... " ..... , ......................................................... ,., .•••.. ,. "'''' .•.• , ........... ,.1 PARTIES ....... , •.. '".: • .0,.;., .. ; ... , ••• :.:0';;:, .... ;.;; ;.; ..... ; ..... i. ';"'",;,';".;"' .. ;;;,.>: .. ,;;.;. "" .;, ...... , .............. , ......................... : .............. 8 JURISDICTION AND VENUE ... ; .. ;.; ................ ,,, .. ,,;.; .... ;.,,,, ....•..• , ...... , .•• ; •. ,.,;.;;.,., •• ;.: .. ,;.;-..... ;;;·', .... i ..•• J. ••• j,.:.; .• 9 FACTUAL ALLEGATIONS ........................................ , .............................................................................. ,;; ... 9 1. EXPERIAN HAS FAILED TO IMPLEMENT REASONABLE PROCEDURES TO ENSURE THE MAXIMUM POSSIDLE ACCURACY OF CONSUMER CREDIT REPORTS IN VIOLATION OF THE FAIR CREDIT REPORTING ACT . ................. i ......... <} A. Experian Fails to Take Reasonable Steps to Improve the Accuracy of Consumer Reports .................................................... ; ... ; ... "'.;.· .. i., ... " ...... ; .•• "",·;";;,,,, .......... 11 I. Experian's procedures pennit and do not prevent "mixed files." ................... 13 2. Experian permits inaccurate public record information to be included ' .. in consumers' credit reports .............. · ... · .. ; .. , .... ;., ........ ; .... · .... "i." .... ;" .... ; ........... 19 3. Experian does not prevent inaccurate data from re-appearing on consmners' credit reports after deletion or correction .......................... n .. " •• ;.; 22 4. Experian fails to ensure that OFAC alerts are accurate .................................. 22 5. Experian fails to ensure that accounts extinguished in bankruptcy are reported accurate1y ... , .................................................. i ...... ;; ••• ,.i •. ·; .. ;.· .. ; .. ,; ..... ,,;. 24 B. Experian Fails to Address Errors that Come to its Attention .................................... " 26 C. Experian Does Not IdentifY, Address, or Prevent Errors in Data from Unreliable Sources ............................ , ..................... , ............. , ........................................... 28 D. Experian's Representations that it Provides Accurate Credit Reports and its Failure to Employ Reasonable Procedures to Ensure the Maximum Possible Accuracy of Credit Reports are Also Unfair and Deceptive Practices .................. , .... 32 n. EXPERIAN DOES NOT CONDUCT REASONABLE REINVESTIGATIONS OF CONSUMER DISPUTES .................................................................. ; .................................... 33 A. Experian Does Not Itself Reinvestigate Consumer Disputes ..................................... 35 B. Experian Creates Impermissible Obstacles to Reinvestigating Disputes ........ ; ......... ' 39 C. Experian's Staffing and Compensation Makes it Difficult for Consumers to Initiate Disputes and Impossible for Employees to Adequately Record and Investigate Them .......................... , ................ , ................. i ................ ;· ................... , .......... ·.41 D. Experian's Reliance on Furnishers to Conduct an Investigation is Unreasonable ............................ · ..... i ............... · .................... ,.;'''; ... ; ......... ;;;;,; •••• " ..... , ....... 43 E. Experian Refuses to Investigate Legitimate Consumer Disputes ............................... 48 F. Experian Does Not Provide Consumers with the Same Information it Gives Creditors, Undermining Consmners' Ability to Dispute Inaccuracies ....................... 49 G. Experian's Failure to Reinvestigate Consmner Disputes is Also Unfair and Deceptive . . · ... ,.· .. ; ... · ...•   ~ ............................ i .... ' •• ' .... ,; .•. ·.'.i' ........ , ......... , .• · ... · ..... , ... , ........... · ... 49 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 3 of 102 Case: 24CH1:14-cv-01212 Document #: 2 Filed: 05/16/2014 Page 3 of 85 III. EXPERIANFAILS TO PROVIDE ALL RELEVANT INFORMATION REGARDING CONSUMER DISPUTES TO THE FURNISHER OF THE INFORMATION ........ , ................. " ...... , .... ,., .. , .. ,., .. ,., .. ".c ....... , .. ,', .. , •. , ..... , •..• , ..• , .. ·······",··.··· .. ·• ... , •••.•. 50 N.. EXPERIAN FAILS TO EXCLUDE NEGATIVE OBSOLETE ACCOUNTS APPEARING ON CONSUMERS' CREDIT REPORTS ................................... , .•• ; .. ;,; .... 53 V. EXPERIAN FAILS TO PREVENT INFORMATION THAT WAS DELETED OR CORRECTED FROM BEING REINSERTED ON CONSUMER CREDIT REPORTS .................................................................................................................... ;.,.;.; ... 55 VI. EXPERIAN DOES NOT PROVIDE CONSUMERS WITH THEIR FULL CREDIT FILES ..... , ...... , •. , ............... , ................ , .................................................... " .................. , .. 57 VII; EXPERIAN DECEPTIVELY MARKETS CREDIT MONITORING SERVICES AND CREDIT SCORES .................................................................... : .. ;., ....... 60 VIII. EXPERIAN ACTED WILLFULLY IN FAILING TO COMPLY WITH ITS STATUTORY DUTIES ......................................................................................... ;· .. , ... ,; ....... 67 REQUEST FOR RELIEF ........ :: ............ ; ........... ;;.;c.: .. , ....... ;.; ... : ....... ; ....... ;; .... " ................. ; ....... ;.;; ....... , ... ; 81 II Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 4 of 102 Case: 24CH1:14-cv-01212 Document #: 2 Filed: 05/16/2014 Page 4 of 85 COMES NOW, the State of Mississippi, by the Honorable Jim Hood, Attorney General of the State of Mississippi, and files this Complaint against Defendant Experian Infonnation Solutions, Inc. ("Experian") for injunctive relief, statutory and punitive damages, civil penalties, restitution, rescission, disgorgement, and costs and attorneys' fees pursuant to the Mississippi Consumer Protection Act, the Fair Credit Reporting Act, and the Dodd-Frank Wall Street RefoTIll and Consumer Protection Act. In support thereof, the State would show unto the Court as follows: INTRODUCTION 1. Experian, known as a national credit reporting agencyl (''NCRA'' or "credit bureau"), gathers, produces, and discloses credit reports Z on virtually every Mississippi consumer. These credit reports include, among other important details, the credit extended to consumers, their history of payments, defaults, or bankruptcy, and judgments or Jiens entered against them, and are used to determine whether and on what terms a consumer will be offered credit cards, student, car, and small business loans, mortgages, rental housing, and insurance. Prospective employers may check the credit reports of applicants to determine whether to hire them. Unpaid debt and delinquencies can prevent members of the military or defense contractors from obtaining security clearances or jeopardize existing clearances; credit reports from the NCRAs demonstrate their current financial status and credit history. There are few documents more important to I   "big three" national credit reporting agencies, along with Equifax and TransUnion. 2 Credit reports as used herein refers both to credit reports provided to consumers, sometimes referred to as consumer disclosures, and consumer credit reports provided to creditors. Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 5 of 102 Case,: 24CH1:14-cv-01212 Document #: 2 Filed: 05116/2014 Page 5 of 85 students, homrowners, tenants, job candidates, or service-members than their credit reports. 2. Congress has recognized the "vital role" and "grave responsibilities" of credit reporting agencies and the importance of "fair and accurate" credit reporting. 15 U.S.C: § 1681a(I). Because oHhis, the federal Fair Credit Reporting Act ("FCRA") imposes a rigorous set of duties on credit reporting agencies to "follow reasonable procedures to assure maximum possible accuracy" of consumer credit information and to allow consumers to check and to dispute any errors. 15 U.S.C. §§ 1681e(b), 168li(a). The law also requires credit reporting agencies to both reinvestigate consumers' disputes and to share "all relevant information" sent by consumers with the creditors and debt collectors that furnished the disputed information ("furnishers") so that errors can be fixed. 15 U.S.C. § 1681 i(a). In addition, the Mississippi Consumer Protection Act, Miss. Code Ann. § § 75-24- 5(1),75-24-5(2) ("MCPA"), and the Dodd-Frank: Wall Street Reform and Consumer Protection Act, 12 U.S.C. § 5536(a)(1)(B) ("Dodd Frank: Act") apply to bar credit reporting agencies from engaging in unfair and deceptive practices. 3. Over the last year, pursuant to its authority under the MCPA, the Mississippi Attorney General's Office has obtained and reviewed documents from Experian, its trade association, furnishers that report information to Experian, and the vendor used by Experian to obtsin public record information. The Attorney General's Office reviewed dozens of Jaw suits against Experian and the testimony provided in those cases, interviewed former employees, and reviewed hundreds of complaints from Mississippi consumers. Among them, for example, is a 2 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 6 of 102 Case: 24CH1:14-cv-01212 Document#: 2 Filed: 05116/2014 Page 6 of 85 Lieutenant Colonel in the Army National Guard, who has spent hundreds of hours clearing up errors in his credit report, which routinely is merged with members of his family. The Lieutenant Colonel also has assisted nwnerous soldiers whose security clearances were threatened due to errors on their credit reports, including one childless soldier whose credit report;showed he was delinquent on his child support payments. 4.. Experian refuses to take reasonable steps to ensure the accuracy of its consumer credit reports, as the law requires. While no data systems art) perfect, Experian fails to take basic steps - certainly inherent in the obligation of "maximwn possible accumcy" - to eliminate known, common, and reasonably remediable sources of error, Experian uses an insufficiently rigorous formula to pull together the credit history belonging to a particular consumer, knowing that it produces significant nwnbers of false matches. 5. Moreover, Experian has failed to meaningfully engage the safety valve required by law to identify and address mistakes that are inevitable with even the strictest procedures - the consumer dispute process. Instead of conducting reasonable reinvestigations of consumer complaints, Experian merely reviews consumer disputes to assign a code to classify the complaints (e.g., "not hislhers" or 3 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 7 of 102 Case: 24CH1:14-cv-01212 Document #: 2 Filed: 05116/2014 Page 7 pf 85 i "account closed") and forwards those codes to the creditors that reported the infonnation. Despite its independent obligation under the FCRA, Expenan conducts no investigation and, did not, -even forward the explanations and evidence submitted by consumers to creditors for them to review, so that furnishers often lacked important infonnation necessary to fully investigate consumer disputes. Experian adopts whatever "finding" the creditor reports back, even when contradicted by information and documentation provided by consumers. 3 6. In short, Expenan has, over more than two decades, engaged in an unyielding pattern and practice of violating federal and state law. Experian's failure to adopt reasonable procedures to assure maximum possible accuracy and failure to conduct reasonable reinvestigations has caused significant inaccuracies in the credit reports of Mississippi consumers. Experian has mixed up the identities of consumers. It has reported as late or still owing accounts that were paid on time or settled in full, as well as accounts that were aged and should no longer appear on the credit report Of accounts that were extinguished in bankruptcy. It has disclosed liens and judgments, but then failed to update its records when those liens or judgments were removed or resolved. 7. Frustrated Mississippi consumers sent almost _.to Experian between March 1,2010, and April 18, 2013. They have gathered and provided cancelled checks, account statements, court documents, and birth certificates, and talked on the telephone with call center representatives who often are unwilling or 3 Disputes related to I Expenan. 4 often are handled _ Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 8 of 102 Case: 24CH1:14-cv-01212 Document #: 2 Filed: 05/16/2014 Page 8 of 85 unable to help them. In the event they are able to get an error corrected, they find that the mistake may reappear months or years later., Experian has paid tens of millions of dollars in judgments and settlements to consumers in Mississippi and across the country over a dozen years, but has refused to take the steps necessary to confonn its conduct to the law. 8. Mississippi consumers described to the Attorney General's Office serious financial hanns that resulted from errors in their credit reports: they were denied credit or paid higher interest rates; they could not open bank accounts, rent apartments, finance their homes, or buy cars; they lost opportunities for employment; and jeopardized their security clearances. They expressed enormous anxiety and anger at the impact on their reputations from false derogatory information, often maintained over months or years and many sleepless nights. They described spending months and years trying to resolve errors themselves. Many still have not obtained relief and others were helped only after they complained to regulators. Finally, many of these consumers - those knowledgeable and determined enough to reach out to law enforcement- expressed their concern for consumers who did not know or could not protect their rights. 9. The experiences of Mississippi consumers are consistent with, and confinned by, the experiences of consumers nationally. The Federal Trade Commission C"FfC") recently reported that nearly 20% of consumers in a recent study- 5 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 9 of 102 Case:     Document #: 2 Filed: 05/16/2014 Page 9 of 85 which, extrapolated, would amount to 40 million individuals - had confirmed errors in their credit reports from at least one of the NCRAs; for 13% of consumers, the error was significant enough to change their credit score. 4 Thirty percent of the time, when consumers disputed an item with all three NCRAs, the agencies reached different resolutions. 5 10. A 2012 study by the Columbus Dispatch found that 6% of nearly 21,500 consumers who complained to the FTC during a 3D-month period beginning in 2009 and nearly 8% of 1,842 who complained to state attorneys general in 2009 and 2010 indicated that their files included someone else's information; nearly one-third of those consumers were unable to get the credit bureau to correct the error. 6 Almost 200 consumers said their reports showed them as deceased, and at least one of those consumers was told by the NCRA that it had investigated and verified the report of his death. 7 4 FTC, Report to Congress Under Section 319 of the Fair and Accurate Credit Transactions Act of 2003, at v (Dec. 20J 2), available at 11 Itp://www.ftc.gov/sites/default!files/documcnts/reportslscction-319-fair- and -accurate-               commission/130211 factarePOrt.pdf. The study only assessed the change in the credit score if the NCRA made the change requested by the consumer. Because the 13% does not include consumers for whom the NCRAs did not change the clalmed errors, the actual number of consumers who have a lower credit score because of errors in their credit report likely is higher. Indeed, the study found that of the 21 % of study participants who identified at least one potentially material error, the dispute process resulted in no change, and for another 4 I %, errors were only partially remedied. :l ld. at 54. 6 Mike Wagner and Jill Riepenhoff, Credit Scars: Mixed and Marred, Columbus Dispatch, May 7,2012, available at http:l(www.dispatch.com/eontent/stories/local!2012/05/07/mixed-and-maned.html. 7 Mike Wagner and Jill Riepenhoff, Credit Scars: Credit-Reporting Agencies' Failure to Address Damaging Errors Plaguing Thousands of Americans Prompts Call for 6 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 10 of 102 C'l.se: 24CH1:14-cv-01212 Document #: 2 Filed: 05/16/2014 Page 10 of 85 11. Experian's business model not only tolerates, but rewards errors. _ --.. a company owned in part by Experian, receives fees • 8 Experian also eams revenue by deceptively selling credit monitoring services and educational credit scores to consumers who cannot trust the accuracy of its credit reports. In 2013, Mississippi consumers paid Experian more than·_ for credit monitoring products alone. 9 12. Most courts have held that private litigants cannot obtain injunctive relief under the FCRA against Experian. Private settlements and judgments against the company have failed to incentivize compliance with the law. As consumer groups have noted, the power of the marketplace cannot operate to force Experian to correct the pattern or prevalence of errors in its credit reports: It is essential to keep in mind that the paying clients of the credit reporting industry are not consumers, but the creditors who furnish or use the information contained in the CRAs,10 databases .... Thus, unlike almost all other business relationships, consumers who are unhappy with the actions of a CRA cannot vote with their feet - they cannot remove the information or take their business elsewhere. Creditors, in contrast, do have the ability to switch between CRAs if they wish. And vigorous investigation of consumer disputes is likely to drive creditors away. Traditional competitive market forces therefore provide little incentive for CRAs to incur the Swift Action, Columbus Dispatch, May 6, 2012, available at http://www .dispatch. cmn! lcontentlstorieslloca1!20 12105/061 credi t-scars.h tIDl. 10 NCRA and CRAs are used interchangeably to refer to the national credit reporting agencies. 7 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 11 of 102 Case: 24CH1:14-cv-01212 Document #: 2, Filed: 05/16/2014 costs to institute new procedures that ensure information is accurate or to undertake investigations to correct errors, since these activities primarily benefit consumers. Only the FCRA itself compels such behavior. 1 1 Page 11 of 85 13. In an effort to redress, deter, and punish Experian's widespread violations of the law, the Attorney General seeks injunctivc relief and also requests that Experian be ordered to pay restitution, civil penalties, disgorgement, and statutory and punitive damages appropriate to its long and knowing history of violating federal and state law. PARTIES 14. Plaintiff, the State of Mississippi, acting through its Attorney General Jim Hood, brings this action in the public interest pursuant to the Attorney General's statutory and parens patriae authority to enforce the MCP A, the FCRA, and the Dodd-Frank: Act. 15. Defendant Experian Information Solutions, Inc. is a "consumer reporting agency,» (eRA) as defined in the Fair Credit RepcrtingAct, 15 U.S.C. § 1681(f), and is regularly engaged in the business of assembling, evaluating, and disseminating information concerning consumers to furnish consumer reports to consumers and third parties. Experian falls within the subset of CRAS known as a "nationwide consumer reporting agency," defined as a eRA that "regularly engages in assembling, evaluating, and maintaining credit account and public record information, for the purpose of furnishing consumer reports to third parties II Credit Reports: Consumers' Ability to Dispute and Change Inaccurate Information: Hearing Before the R Comm. on Fin. Servs., 110th Congo 3 (2007)(statement of Chi Chi Wu, Nat'! Consumer Law Ctr.). 8 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 12 of 102 Case: 24CH1:14-cv-q1212 . Document #: 2 Filed: 05116/2014 Page 12 of 85 bearing on a consumer's credit worthiness, credit standing, or credit capacity." 15 U.S.C. § 168Ia(p). Experian's North American headquarters are located in Costa Mesa, California, and Experian is authorized to do business within Mississippi. Experian is, by far, the largest of the three national credit reporting agencies, with global revenue of$4.713 billion in the year ending March 2013. At all relevant times, Experian has been doing business, and continues to do business, regularly in the State of Mississippi, including by compiling and disclosing the credit reports of Mississippi consumers and by selling credit products and services to Mississippi consumers. JURISDICTION AND VENUE 16. Jurisdiction and venue are proper under Miss. Code Ann. §§ 75-24-9,75-24-19, and 11-5-1, as well asunder 15 U.S.C. § 168Is(c); 12 U.S.C. §§ 5564(f) and 5565. Experian is subject to personal jurisdiction under Miss. Code Ann. § 13-3- 57 because at all relevant times Experian did business in Mississippi. FACTUAL ALLEGATIONS I. EXPERIAN HAS FAILED TO IMPLEMENT REASONABLE PROCEDURES TO ENSURE THE MAXIMUM POSSmLE ACCURACY OF CONSUMER CREDIT REPORTS IN VIOLATION OF THE FAIR CREDIT REPORTING ACT. 17. The FCRA demands that "[ w )henever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the infonnation concerning the individual about whom the report relates." 15 U.S.C. § 1681e{b). "Maximum possible accuracy" requires 9 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 13 of 102 Case: 24CH1:14-cv-01212 Document #: 2 ; Filed: 05116/2014 Page 13 of 85 more than technical or literal accuracy. A consumer report is inaccurate not just for an error, but also if it is potentially misleading or incomplete. 12 18. Expeoan has failed to employ reasonable procedures to ensure the accuracy of its credit reports, and, as a result, has caused and permitted errors in the credit reports of Mississippi consumers. Mississippi consumers have complained about these errors in and lawsuits against Experian. The Attorney General's Office also has confirmed likely errors in its review of These consumer complaints, lawsuits, and _ result from and reflect systemic problems in (1) mixing the records of Mississippi consumers, (2) failing to update public record information in a timely manner, (3) allowing inaccurate or aged information to reappear on their credit reports, (4) allowing inaccurate information to reappear on credit reports after the information had been removed, and (5) failing to accurately report tradelines and debts that were extinguished in bankruptcy, and (6) accepting and reporting inaccurate or incomplete information from furnishers, among other errors. 19. _ Upon information and belief, even this _rate of disputes fails to 12 Sepulvado v. esc Credit Servs., Inc., 158 F.3d 890, 895 (5th Cir. 1998); Pinner v. Schmidt, 805 F.2d 1258,1262 (5th Cir. 1986). 10 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 14 of 102 Case: 24CH1:14-cv-01212 .Filed: 05/16/2014 Page 14 of 85 reflect the number of consumers affected by errors in their credit reports who either do not detect them or do not file disputes.· 20. The FTC provides guidance on what constitutes reasonable procedures to ensure maximum possible accuracy: If the CRA's review of its procedures reveals, or the CRA should reasonably be aware of, steps it can take to improve the accuracy of its reports at a reasonable cost, it must take any such step. It should correct inaccuracies that come to its attention. A CRA must also adopt reasonable procedures to eliminate systematic errors that it knows about or should reasonably be aware of, resulting from procedures followed by its sources of information. For example, if a particular credit grantor has often furnished erroneous consumer information, the CRA must require the creditor to revise its procedures to correct whatever problems cause the errors or stop reporting information from that creditor. 13 21. Further, if the NCRA: learns or should reasonably be aware of errors in its reports that may indicate systemic problems (by virtue of information from consumers, report users, from periodic review of its reporting system or otherwise), it must review its procedures for assuring accuracy and take any necessary steps to avoid future problems. 14 A. Experian Fails to Take Reasonable Steps to Improve the Accuracy of Consumer Reports. 22. Upon information and belief, despite its enormous data, resources, and analytic capacity, Experian does not employ an internal system or review mechanism 13 FTC, Report - Forty Years of Experience with the Fair Credit Reporting Act: An FTC Stqff Report with Summary of Interpretations 2011 at 67 (hereinafter "Forty Years ofExpeJience"); ,see also http://www.gpo.gov/fdsys/pkg/CFR-2011 titlel6- voll/pdflCFR-2011-titleI6-volJ-part600-app-idI024.pd£ 14 I d. at 68. 1 J Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 15 of 102 Case: 24CH1)4-cv-01212 Document #: 2 Filed: 05116/2014 Page 15 of 85 I sufficient to maintain the accuracy of conswners' credit histories,. IIIIIIIIIII· Indeed, the CFPB recently found: While the NCRAs' data screens do find errors by identifYing anomalies and incnnsistencies, these checks rely on underlying furnisher data to be valid. The NCRAs do not conduct independent checks or audits to determine if the data is accurate, such as contacting a consumer to ask if she is properly associated with an account or if the balance reported on an account is true, or checking the recnrd- keeping practices of a furnisher. The NCRAs generally rely on furnishers to report information on consumers that is complete and accurate. IS 23. Instead of conducting its own review, Experian claims that its records are _ .. effect, Experian shifts its burden to employ reasonable procedures to ensure the maximum possible accuracy of credit reports to consumers, relying on them to obtain, understand, and dispute their credit reports. This is a poor "audit" mechanism by any measure, but even more so here 15 CFPB, Key Dimensions and Processes in the u.s. Credit Reporting System: A review of how the nation's largest credit bureaus manage consumer data at 19, (Dec. 2012), available athttp://files.consumerfinance.gov/f/201212 cfpb credit-reporting- white-paper.pdf (heremafter "Key Dimensions"): . . 12 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 16 of 102 . Case: 24CH1:14-cv-01212 Document #: 2 Filed: 05/1q/2014 Page 16 of 85 given the limitations Experian imposes on consumers' access to their credit reports and ability to dispute infonnation (see, Section VI) and its unwillingness to address errors reported by consumers (see, Section I(B». 1. Experian's procedures permit and do not prevent "mixed mes."· 24. Upon this shaky foundation, Experian adds more teetering blocks. Upon infonnation and belief, Experian knows that its procedures to create consumer credit reports are over-inclusive and fail to reliably match credit infonnation with the correct consumer, resulting in credit reports that merge the credit histories of distinct consumers. These errors are so frequent that they have been given a name - "mixed files." 25. Experian relies on to aggregate all of its infonnation associated with a particular consumer. A • is meant to be unique to a consumer, but often consumers are While Experian did not, in response to the Attorney General's subpoenas, provide the algorithm it applies to associate data with a specific consumer, litigation and other public infonnation indicate that Experian relies on partial matches in consumer identifying infonnation to determine whether data records belong to the same person. Thus, in deciding whether a mortgage in the name of Jolm Smith belongs with a tax lien owed by J. Smith, a student loan paid offby Jolm c. Smith, and a car repossessed from John Smith, Jr., Experian looks_ . and other more specific information - such as -but 13 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 17 of 102 Case: 24CH1:11-cv-01212 Filed: 05116/2014 Page 17 of 85 only to the extent it has this information. Even when it has more specific infonnation, Experian Presumably, the algorithm assigns weight to each of these, factors in assessing a match. 26. The screen used by Experian is not rigorous enough to prevent false matches and yields an expected - and unacceptable - number of errors. Upon infonnation and belief, Experi!lll knows that its matching criteria produce false positives - that there is a reasonable possibility that different consumers will be merged into a 'and, ultimately, a single credit report. 16 27,. 16 The matching criteria used to create and merge _ also increases the number 6fJiiEIJ,ulmte:d files are , 14 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 18 of 102 Case: 24CH1:14-cv-01212 Document #: 2 Filed: 05/16/2014 Page 18 of 85 28 .. - 29. This overly aggressive matching may lead to consumers being erroneously "matched" with credit information belonging to other consumers with different names and addresses. Upon infonnation and belief, these loose matching procedures also contribute to the mixing of consumers' files with identity thieves. If an identity thief adopts some of a victim's personal identifYing information, upon infurmation and belief, Experian's merges the victim's information with the identity thiers infonnation, even though many of the identifiers do not match. 17 30. Mixed files often arise because Experian provides credit reports to creditors without requiring that they provide 18 For example, a creditor 17 National Consumer Law Center, Report - Automated Injustice: How a mechanized dispute system/rustrates consumers seeking to fIX errors in their credit reports at 9 (Jan 2009). 15 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 19 of 102 Case: 24CH1:14-cv-01212 Document #: 2 Filed: 1°5/16/2014 Page 19 of 85 3L can ask for the report for Kathy Herman, 123 Main Street, Jackson, MS 01234, without providing . Upon infonnation and belief, Experian knows that this lack of detail call cause it to respond with the credit infonnation of more than one consumer that, in part, matches the identifying information. Requiring creditors to provide or __ • would allow Experian to more reliably exclude credit infonnation that belongs to someone else. - 32. Reasonable procedures to ensure maximum possible accuracy demand better procedures to prevent mixed files. Requiring a more reliable match of the data Experian has would be a reasonable step to ensure maximum possible accuracy of credit reports and to reduce this known source of errors, especially given the significant harm to consumers who are victims of mixed files. Despite recognition of 16 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 20 of 102 crase: 24CH1:14-cV-01212 Document #: 2 Filed: 05/16/2014 Page 20 of 85 the importance of addressing mixed files and the high risk presented by the problem, upon information and belief, fupenan has not fixed it. 33, Every year, Experian receives a significant number of_ and   including lawsuits and _ filed by Mississippi consumers, regarding mixed files. 34. For example, Consumer 1, a Lieutenant Colonel in the Army National Guard who lives in Madison, Mississippi, has had his credit report repeatedly mixed with his father and grandfather, who have the same first and last name, but different suffixes. (They are "Sr." and "Jr.;" he is the "ill"). His grandfather's credit card, opened when Consumer I was a few years old, and his father's mortgage both appeared on his credit report. He disputed all of these mistakes through online forms and by mail and telephone, but not once has a dispute initially been resolved in his favor; in all, he has spent hundreds of hours trying to correct his credit report. He has bought the various monitoring services and credit report products to try to stay on top of errors in his credit report because derogatory credit information would jeopardize his Top Secret security clearance and has stopped him from getting a loan before. He has helped many of the soldiers he commands avoid losing their security clearances due to errors on their credit reports, including one soldier who had no children but whose credit report showed arrearages on child support. 35. Consumer 2 of Tupelo, Mississippi, also has been the victim of a file mix-up. Apparently, someone with the same Jast name used to live at her address and that person's new address and at least one of her accounts appears on Consumer 2's 17 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 21 of 102 Case: 24CH1:14-cv-01212 Document #: 2 Filed: 05/16/2014 Page 21 of 85 credit report. She complained to Experian, but equId not get the erroneous information removed. Because of her mixed file, she received collection calls for the other individual and has seen her own bills routed to the wrong address, causing problems when she did not pay. When she goes online to access her credit report and must confirm her identity, she has to confirm the other person's new address or cannot access the system. 36. The experience of these consumers is reinforced by the complaints of many other Mississippi consumers and by consumers from across the country. The news show 60 Mil/utes featured the story of a consumer, Judy Thomas, of Ohio, whose file was mixed with Judith Kendall, of Utah. After 6 years, daily calls to the NCRAs, and hundreds ofletters (including letters from creditors confinning that the debt was not hers), Ms. Thomas could not get the credit bureaus, including Experian, to fix her report. J9 It took a year of litigation to resolve the error. In the meantime, Ms. Thomas was prevented from co-signing student loans, obtaining credit, or taking advantage of favorable interest rates to refinance her mortgage. 37. Upon information and belief, despite evidence of systemic problems in its matching criteria, Experian continues as before, failing to employ reasonable procedures to avoid mixed file errors and subjecting Mississippi consumers to continued errors in their credit reports. Despite being on notice of this significant source of error, the Mississippi Attorney General's Office found no evidence. 19 60 Minutes: 40 Million Mistakes: Is your credit report accurate? (CBS television broadcast Feb. 10,2013), available at http://www.cbsnews.com!video!watchJ7id=50140748n. 18 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 22 of 102 Case:   Document #: 2. Filed: 05/16/2014 Page 22 of 85 38. The FTC has suggested that the NCRAs may choose to accept, and impose on consumers, these mixed file errors because creditors (its tIUe customers) prefer to see all potentially negative credit information, even ifthere is doubt about the match, rather than miss negative information that they would want to weigh in credit or pricing decisions. "This preference could give the credit bureaus an incentive to design algorithms that are tolerant of mixed files.',20 The FCRA prohibits precisely this trade-off. 2. &perinn permits inaccurate public record information to be included in consumers' credit reports. 39. Accuracy of public record information, including information about bankruptcy, tax liens, and civil judgments, is especially important as derogatory public record information may have a greater effect on consumers' credit profiles and credit scores than other information on their credit reports. 40. As of2007, Experian processed approximately _ consumer disputes annually related to public record information. 21 41. Mississippi consumers have complained about inaccurate public record infonnation on their Experian credit reports. Consumer 3 was unablc to get 20 FTC, Report to Congress Under Sections 318 and 319 of the Fair and Accurate Credit Transactions Act of2003 (Dec. 2004), available at http://www.ftc.gov/reportslunder-section-318-319-fair-accurate-credit-transaction-act- 2003. 21 Upon information and belief, the current number of disputes related to public records information is . since the number of disputes likely does not reflect _ and the consumer disputes related to information collection by 19 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 23 of 102 Case: 24CH1:14-cv-01212 Document #: 2 Filed: 05116/2014 Page 23 of 85 42. Experian to correct errors on her credit report until the Mississippi Attorney General's Office intervened on her behalf. An elderly woman who had been caring for her ailing husband suffering with a heart condition, Consumer 3 risked losing her deposit and contract on her lease-to-own home due to an error on her Experian credit report: a second mortgage that was discharged in bankruptcy was being reported as past due on her credit report. After Consumer 3 was threatened with a lawsuit by her landlord if she did not close on her home, the Attorney General's Office contacted Experian and only then was the error removed from her credit report. Experian contracts with for retrieval of public record infonnation. In all, _ provides _.public records to Experian each year. 43. Experian has little financial incentive to ensure the collection and reporting of public record information in a timely fashion or to investigate consumer disputes regarding public record information. Experian pays ___ annually for the collection of public records in Mississippi. Presumably, the more frequently public records are updated, the more Experian pays for the service. Upon infonnation and belief, Experian requires _ to collect Mississippi consumer public records from Mississippi courthouses at certain intervals, often very 20 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 24 of 102 Case: 24CH1:14-cv-01212 Document #: 2 beli ef, during Filed: 05(16/2014 Page 24 of85 Upon information and the credit report of every consumer with a new or updated public record would be inaccurate. 44. Further, when a consumer disputes public record information, Experian pays _afee provides a disincentive for Experian to obtain the infonnation needed to investigate consumer disputes about public record information. 45. Further, Experian failed to require This belief, this failure to information and to reflect bankruptcy filings, dismissal or satisfaction of judgments or liens, and other public records information causes Experian to maintain and disclose credit reports that are outdated or incomplete. 21 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 25 of 102 Case: 24C!11:14-cv-01212 Document #: 2 Filed: 05116/2014 Page 25 of85 3. Experian does not prevent inaccurate data from re-appearing on consumers' credit reports after deletion or correction. . 46; Sinularly, Experian fails to comply with the FCRA's directive to prevent the reinsertion of deleted or corrected information, which is, by definition, inaccurate or unverified. 15 U.S.C. § 1681 i(a)(5) (when inaccllTllte infOImation is "deleted from a consumer's file ... the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the infurrnation certifies that the information is complete and accurate"). The law also requires that the NCRAs notify consumers within five business days after it has reinserted information. 15 U.S.C. § 168Ii(a)(5)(B)(ii). Accordingly, by permitting, allowing, or failing to maintain reasonable procedures to prevent the reinsertion of inaccurate information deleted from a Mississippi consumer's file and, upon information and belief, by failing to obtain certifications of the accumcy of such changes or notify conSumers oftbe reinsertions, Experian has violated and continues to violate 15 U.S.C. § 1681i(a)(5). Experian's violation of the FCRA's reinsertion provisions, as described in Section V, also constitutes a failure of its procedures to ensure maximum possible accuracy of credit reports. 4. Experianfails to ensure that OFAC alerts are accurate. 47, Experian offers to provide alerts on credit reports to inform creditors when consumers' names appear on the list of Specially Designated Nationals suspected of terrorism or narcotics trafficking compiled and published by the Office of Foreign Assets Control ("OFAC"). This _ which generated over iii revenue in I I aims to assist creditors in complying with their legal duty to ensure 22 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 26 of 102 C a s ~   24CH1:14-cv-01212 Document #: 2 Filed: O!ii/16/2014 Pagff 26 of 85 they do not provide fmancing to assist in these criminal activities. However, upon information and belief, and in light ofthe enormous harm to a consumer cut-off from credit as a result of having been mistakenly identified as appearing on the OFAC list, Experian does not maintain adequate procedures to ensure that consumers are not listed in error. Experian issues an OFAC alert_ 48. Expcrian has attempted to distance itself from any representation that its OFAC alerts are well-tested or accurate. Experian again shifts its burden to ensure accurate information, this time to the purchaser of the information, requiring its customer to affirm that any. However, Expenan cannot contract out of its legal obligation to ensure the accuracy of information included in its credit reports. Especially given the damage that falsely identifying a consumer as being on a terrorism watch-list can cause, Experian has an obligation to have reasonable procedures to ensure maximum possible accuracy of this information, not to disclaim it. 23 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 27 of 102 Case: 24CH1:14-cv-01212 D,ocument #: 2 filed: 05/16/2014 Page 27 of 85 49. 50. - 5. Experian fails to ensure that accounts extinguished in bankruptcy are reported accurately. 51. Another type of inaccuracy in Experian credit reports relates to trndelines or collection accounts that were discharged in bankruptcy that are reported on credit reports as due or delinquent instead of resolved through bankruptcy. Upon infonnation and belief, Experian has the capability to 24 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 28 of 102 Case: 24CH1:14-cv-01212 I Document #: 2 Filed: 05/16/2014 Page 28 of 85 _to ascertain if they were resolved in bankruptcy, but fails to do so adequately and on a routine basis. Further, upon information and belief, Experian may report the tradeline or collection in a non-bankruptcy status __ . ;,24 Upon information and belief, Experian does not require furnishers to provide __ 52. Consumer 4 of Long Beach, MS filed for bankruptcy in 2010. Once the process was completed, be discovered that accounts covered by the bankruptcy continued to appear as active delinquencies on his credit report. He repeatedly called Experian to try to resolve the errors, and often found it difficult to reach an agent, having to answer a maze of questions and provide a credit report number in order to get through. After four years, he gave up. Though he says that he now pays aU of his bills on time, he is unable to get any loans or credit cards. 53. Experian's failure to ensure that tradelines and collection accounts are accurately reported as discharged in bankruptcy constitutes a failure of its procedures to 25 Case 1:14-cv-00243-LG-JMR Document 1-2 Filed 06/12/14 Page 29 of 102 Case: 24CH1:14-cv-01212 Document #: 2 Filed: 05116/2014 Page 29 of 85 ensure maximum possible accuracy of credit reports. Experian knows that tradelines and collection accounts discharged in bankruptcy often are reported incorrectly, not only from the volume of consumer disputes about such inaccuracies. Experian was on notice of these inaccuracies as of at least 2008, when Experian, as part of a settlement, agreed to injunctive relief on how it reports accounts discharged in bankruptcy. 54. 'This conduct is also unfair. Having trade1ines or co\Iection accounts discharged in bankruptcy appear as active accounts on consumer credit reports causes or is likely to cause substantial injury to consumers in their efforts to obtain employment or credit, as well as causing emotional harm and embarrassment, among other injuries, which are not reasonably avoidable by Mississippi consumers. B. Experlan Fails to Address Errors that Come to its Attention. 55, To ensure maximum possible accuracy (and, separately, to comply with the FCRA's command that credit reporting agencies reinvestigate consumer disputes, see Section II), the credit bureaus must maint