Product: Debt collection

To : Consumer Financial Protection Bureau From : XXXX XXXX XXXX : XXXX Subject : Clarification of " Loan Type '' under the FCRA and Dispute of Verification by Transunion I. Introduction This memorandum addresses XXXX ( XXXX ) related issues : The improper classification of " XXXX XXXX '' as a " Loan Type '' under the Fair Credit Reporting Act ( FCRA ). 

As well as The deficiencies in Transunions verification process regarding the disputed credit report information, the response submitted by Transunion to the Consumer Financial Protection Bureau ( CFPB ) regarding a dispute involving inaccurate information on a consumer credit report. Specifically, it challenges XXXX claim of having verified the disputed information, which is central to compliance with multiple provisions of the Fair Credit Reporting Act ( FCRA ). The response violates XXXX XXXX. XXXX ( a ) ( XXXX ) ( XXXX ) ( XXXX ), XXXX ( a ) ( XXXX ), XXXX ( a ) ( b ), and XXXX ( a ) ( XXXX ) ( A ) ( B ) ( i ), as verification as defined under statutory and legal interpretations requires substantiation by formal oath, affidavit, or equivalent authenticated processes. As reported to the Consumer Financial Protection Bureau ( CFPB ) Complaint Portal # XXXX. 

XXXX. Clarification of " Loan Type '' Under the FCRA and Dispute of Child Support Classification A. Background Under the FCRA, " XXXX XXXX '' refers to obligations arising from formal contractual agreements involving mutual agreement, repayment obligations, and consideration. Typical examples include mortgages, auto loans, personal loans, and credit card accounts. 

The attached document lists " XXXX XXXX '' as a " XXXX XXXX '' on credit reports. This classification is legally inaccurate as child support obligations are determined by court orders, not by any contractual loan agreement. 

B. Key Observations Absence of a XXXX XXXX XXXX XXXX  arises from court orders, not mutual agreements between parties. 

There is NO LOAN CONTRACT or REPAYMENT terms that meet the XXXX definition of a " Loan Type. '' There was XXXX XXXX of Funds. 

XXXX XXXX  involves no transfer of funds or credit from a lender to a borrower. Instead, it reflects a legal obligation to support a dependent. 

Misclassification as a XXXX XXXX XXXX child support as a " XXXX XXXX '' misrepresents the nature of the obligation and creates inaccuracies on credit reports, which adversely affects my financial opportunities. 


XXXX Conclusion and Remedy The classification of " XXXX XXXX '' as a " Loan Type '' violates the XXXX mandate for accurate reporting. I request the immediate removal/deletion from my credit report. A formal acknowledgment of this dispute and details of corrective actions taken are requested in compliance with the FCRA. 

XXXX. Contesting XXXX XXXX Process A. Background Transunions response to the CFPB in Complaint # XXXX : XXXX. ) INVESTIGATION RESULTS DISPUTED INFORMATION UPDATED FAMILY SUPPORT SVCS DEPT.. # XXXX XXXX. ) INVESTIGATION RESULTS VERIFIED AS ACCURATE AND UPDATED FAMILY SUPPORT XXXX XXXX XXXX # XXXX These accounts were reported as open accounts with past-due balances, which is inaccurate given their non-credit nature as child support obligations. 

B. Legal Deficiencies in Transunions Verification Process Violation of FCRA Provisions Violation of XXXX U.S.C. XXXX ( a ) ( XXXX ) ( XXXX ) ( XXXX ) : Congressional Purpose The FCRAs purpose, as outlined in these sections, is to ensure fair and accurate credit reporting, prevent misuse of information, and protect consumers. By claiming verification without adhering to the statutory meaning, Transunion undermines the legislative intent to safeguard consumers against inaccurate or unverifiable credit information. 

Violation of XXXX XXXX. XXXX ( a ) ( XXXX ) : XXXX Purposes The section restricts access to consumer reports to entities with a permissible purpose. If Transunion provided inaccurate information while asserting verification, it has exceeded its permissible purpose by perpetuating erroneous data, contravening the consumers rights. 

Violation of XXXX XXXX. XXXX ( a ) ( b ) : XXXX Procedures XXXX XXXX, consumer reporting agencies must maintain reasonable procedures to assure maximum possible accuracy of the information they report. Transunion failed to demonstrate a bona fide verification process that meets statutory standards. This deficiency reflects inadequate compliance procedures and raises questions about the legitimacy of their response. 

Violation of XXXX XXXX. XXXX ( a ) ( XXXX ) ( A ) ( B ) ( i ) : Furnisher Responsibilities This section imposes duties on furnishers of information to provide accurate data and to correct or delete information found to be incomplete or inaccurate. By falsely claiming verification, Transunion failed to correct or delete the disputed information, violating their statutory obligation. 

Impact on XXXX Rights The inaccurate reporting and flawed verification process undermine consumer protections under the FCRA and cause unjust harm to financial reputation and opportunities. 

[ Analysis of " Verification '' Process ] The essence of verification involves : Authentication Through Sworn Statements : Verification must involve an oath, affidavit, or equivalent solemn affirmation. Merely asserting that information is verified without formal attestation is insufficient and misleading. 

Deposition as Evidence of XXXX : A deposition provides a word-for-word transcript of sworn testimony. The lack of any such substantiation from Transunion invalidates their claim of verification and renders their response to the CFPB procedurally and substantively deficient. 

Good Faith and Accuracy : Verifications objective is to assure the integrity and authenticity of the information reported. By perpetuating inaccurate data under the guise of verification, Transunion has acted in bad faith, failing to meet the standard required under the FCRA. 

XXXX Remedies Requested Given the blatant deficiencies in Transunions verification process and their violation of multiple FCRA provisions, the appropriate remedy is as follows : Immediate deletion of disputed inaccurate information from my Transunion XXXX XXXX XXXX. 

Formal acknowledgment of XXXX failure to verify information per statutory requirements. 
Consideration of penalties for non-compliance with FCRA obligations. 

I request a formal cease-and-desist order against the child support agencys harmful and inaccurate reporting practices. 


IV. Broader Implications and Potential Violations A. FDCPA Violations The Fair Debt Collection Practices Act ( FDCPA ) prohibits harassment and abusive practices. Misreporting child support obligations as credit accounts and inconsistently reporting balances constitute grounds for an FDCPA complaint. 

B. Violations of XXXX XXXX. XXXX The continued harassment and misrepresentation of obligations constitutes deprivation of rights under XXXX of law. Such actions deny equitable access to financial resources and violate fundamental rights to life, liberty, and the pursuit of happiness. 
XXXX Conclusion The reporting of child support obligations as " Loan Types '' and the flawed verification process by Transunion represents serious violations of the FCRA. XXXX actions are necessary to restore accuracy, uphold consumer rights, and ensure compliance with federal law. 

The term verification carries significant legal weight and can not be satisfied by superficial or unsupported claims. Transunions failure to substantiate their response with formal affidavits, depositions, or equivalent authenticated evidence constitutes a violation of the FCRA and demonstrates bad faith in their dealings with both the XXXX and the CFPB. To uphold the integrity of the credit reporting system and protect consumer rights, immediate corrective action is warranted Failure to comply with this request within XXXX  days will leave me with no alternative but to escalate this matter, including but not limited to filing complaints with the Federal Trade Commission ( FTC ), and pursuing legal remedies under the FCRA. Furthermore, your actions constitute willful violations of my rights under XXXX XXXX. XXXX and negligent violations under XXXX XXXX. XXXX, which entitle me to seek statutory and punitive damages. 

Please acknowledge receipt of this request and confirm your actions in writing within the time frame prescribed by the FCRA. I expect prompt and complete resolution of this matter. 


Requested Actions : Deletion of All disputed accounts with formal confirmations. 

Adoption of improved verification processes and penalties and consideration for non-compliance. 

A formal cease-and-desist order against harmful and inaccurate reporting practices by the child support agency. 

Respectfully submitted, By : XXXX XXXX [ Without Prejudice ] ( Authorized Representative )