Sarai Hannah Ajai Incorrect Date of Birth on Experian Credit Report After Prior Disputes and Identity Affidavit Submission Potential FCRA Violations and Improper Use of Consumer Credit File

 INCIDENT REPORT

Incorrect Date of Birth on Experian Credit Report After Prior Disputes and Identity Affidavit Submission


Potential FCRA Violations and Improper Use of Consumer Credit File

Reporting Party: Sarai Hannah Ajai
Credit Reporting Agency Involved: Experian Information Solutions, Inc.
Related Agencies: Equifax Information Services LLC; TransUnion LLC
Subject Matter: Persistent and unauthorized alteration of Date of Birth on Experian credit file
Prior Identity Affidavit Filed: April 4, 2024
Document Status: Redacted for privacy


I. EXECUTIVE SUMMARY

This Incident Report documents a serious and ongoing accuracy, reinvestigation, and identity-integrity failureinvolving Experian Information Solutions, Inc., wherein the Date of Birth (DOB) listed on my Experian consumer credit report was incorrectly altered and continues to appear in conflict with verified records, despite multiple formal disputes and the submission of a legal identity affidavit with supporting evidence to all three nationwide consumer reporting agencies.

The Date of Birth is a core personal identifier that should never be altered absent verified documentary proof supplied directly by the consumer. The continued presence of an incorrect DOB on my Experian credit report raises substantial concerns under the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.), including failures related to maximum possible accuracyreasonable reinvestigation, and proper handling of disputed identity information.

Given the nature, persistence, and consequences of this discrepancy, I further believe my Experian credit file may be improperly used, referenced, or relied upon in a manner inconsistent with consumer protection law, effectively treating my identity record as a public or administrative reference point without consent, which is impermissible under federal statute.


II. FACTUAL BACKGROUND

  1. I am the lawful consumer associated with the credit file maintained by Experian under my name.
  2. My true and lawful Date of Birth has been consistent across:
    • Government-issued identification
    • Financial institution records
    • Prior credit bureau records
  3. At some point, Experian’s records reflected an incorrect Date of Birth, which I did not authorize, request, or consent to.
  4. Upon discovery, I:
    • Filed formal disputes with Experian on two separate occasions
    • Submitted a Legal Identity Affidavit dated April 4, 2024
    • Provided documentary evidence establishing my correct Date of Birth
    • Notified all three nationwide consumer reporting agencies
  5. Despite these actions, Experian’s credit report continued to reflect an incorrect or conflicting Date of Birth, as evidenced by the attached redacted report.

This discrepancy is not minor or clerical. Date of Birth is a foundational identity attribute used in credit matching, fraud prevention, employment screening, housing decisions, and financial verification processes.


III. LEGAL ANALYSIS — FAIR CREDIT REPORTING ACT (FCRA)

A. Failure to Maintain Maximum Possible Accuracy

15 U.S.C. §1681e(b)

Consumer reporting agencies are required to “follow reasonable procedures to assure maximum possible accuracy of the information” in a consumer report.

  • A Date of Birth is not speculative data.
  • Maintaining an incorrect DOB after documentary correction violates this duty.
  • Continued reporting after notice establishes negligent or willful noncompliance.

B. Failure to Conduct a Reasonable Reinvestigation

15 U.S.C. §1681i(a)(1)

Upon receiving notice of a dispute, Experian was legally obligated to:

  • Conduct a reasonable reinvestigation
  • Review all relevant information provided by the consumer
  • Correct or delete inaccurate information

The persistence of the incorrect DOB after:

  • Multiple disputes, and
  • A sworn identity affidavit with evidence,

demonstrates a reinvestigation that was either unreasonable or not meaningfully conducted.


C. Improper Retention of Disputed Identity Data

15 U.S.C. §1681c(a) and §1681i(a)(5)

When information cannot be verified or is contradicted by authoritative consumer evidence, it must be deleted or corrected.

  • Experian’s continued retention of a disputed DOB suggests reliance on:
    • Third-party data furnisher error, or
    • Improper cross-file association

Both outcomes are prohibited when identity integrity is at issue.


D. Adverse Impact and Identity Risk

15 U.S.C. §1681b (Permissible Purposes)

Incorrect identity data increases the risk of:

  • Misattribution of accounts
  • Improper credit denials
  • Employment or housing screening errors
  • Identity theft or synthetic identity creation

A credit report with an incorrect DOB may be accessed, relied upon, or disseminated under false pretenses, harming the consumer and violating statutory safeguards.


IV. ADDITIONAL CONCERN — IMPROPER USE OF CREDIT FILE AS A PUBLIC OR ADMINISTRATIVE RECORD

I am further concerned that my Experian credit report may be treated, directly or indirectly, as a reference identity record beyond its lawful consumer-reporting purpose, without my authorization or knowledge.

While not a formal doctrine under the FCRA, such use would be analogous to an unauthorized appropriation of personal identity for administrative or public reliance, which is incompatible with:

  • The FCRA’s consent-based access framework
  • Privacy and data-minimization principles
  • Consumer identity ownership rights

A consumer credit file cannot lawfully function as a public identity instrument.


V. DAMAGES AND ONGOING RISK

The continued presence of an incorrect Date of Birth exposes me to:

  • Ongoing identity integrity compromise
  • Reputational and financial harm
  • Increased fraud and misidentification risk
  • Administrative burdens requiring repeated correction efforts

These harms are ongoing, not hypothetical.


VI. DEMAND FOR CORRECTIVE ACTION

I formally request:

  1. Immediate correction of my Date of Birth to its verified and lawful value
  2. Written confirmation of correction
  3. Disclosure of:
    • The source of the incorrect DOB
    • Any entities that accessed my report while the incorrect DOB was present
  4. Permanent suppression of any conflicting DOB data
  5. Compliance review of Experian’s reinvestigation procedures in this matter

VII. RESERVATION OF RIGHTS

I expressly reserve all rights and remedies available under:

  • 15 U.S.C. §1681n (Willful Noncompliance)
  • 15 U.S.C. §1681o (Negligent Noncompliance)
  • Applicable state consumer protection and identity-theft statutes

This report is submitted in good faith and may be used in regulatory complaints, civil proceedings, or enforcement referrals.





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