Product: Credit reporting or other personal consumer reports

NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FCRA SECTION 616 & SECTION 617 Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to amicably resolve your continued violation of the Fair Credit Reporting Act regarding your refusal to delete UNVERIFIED information from my consumer file. I intend to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 if the UNVERIFIED items listed below are not deleted immediately. A copy of this letter as well as copies of the three written letters sent to you previously will also become part of a formal complaint to the Federal Trade Commission and shall be used as evidence in pending litigation provided you fail to comply with this offer of settlement.

Despite three written requests, the unverified items listed below still remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your investigations, you stated in writing that you verified that these items are being reported correctly? Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly DELETE all information which can not be verified.

The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. 
I demand the following accounts be verified or deleted immediately. XXXX XXXX XXXX XXXX XXXX XXXX : XXXX. XXXX, XXXX + Bank ( XXXX ) XXXXXXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX, XXXX + XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + XXXX XXXX  XXXX XXXX ) XXXX XXXX XXXX XXXX  Inquiry XXXX XXXX XXXX, XXXX + Travel/Entertainment ( XXXX ) XXXX XXXXXXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX  Inquiry : XXXX XXXX, XXXX + Travel/Entertainment ( XXXX ) XXXX XXXX XXXX  XXXX XXXX : XXXX XXXX, XXXX + Automotive ( XXXX ) XXXX I recently reached out to Transunion about the fraudulent inquiries on my consumer report. I spoke with representatives there inside of the Transunion Fraud department about this XX/XX/XXXX since then there has been multiple inquiries that have continued to report on my consumer reports, I have sent them XXXX complaints FTC complaints. I have sent them state of California complaints from the state, Attorney General and the California privacy act. Their investigations rendered nothing and these inquiries continue to stay on consumer report. XXXX XXXXXXXX XXXX XXXX  XXXX XXXX : XXXX. XXXX, XXXX + Bank ( XXXX ) XXXXXXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX, XXXX + Credit Union XXXX XXXX ) XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, XXXX + Bank ( XXXX ) XXXXXXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Credit Union XXXX XXXX ) XXXXXXXX XXXX XXXX XXXX  Inquiry XXXX XXXX XXXX, XXXX + Travel/Entertainment ( XXXX ) XXXX XXXXXXXX XXXX  Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX  Inquiry : XXXX XXXX, XXXX + Travel/Entertainment ( XXXX ) XXXX XXXXXXXX XXXX  XXXX XXXX : XXXX XXXX, XXXX + Automotive ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX Bank ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX, XXXX XXXX XXXX ( XXXX ) XXXX XXXX BANK XXXX  Inquiry : XXXX XXXX, XXXX Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX Credit Union ( XXXX ) XXXXXXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX XXXX ( XXXX ) XXXX XXXXXXXX XXXX XXXX : XXXX XXXX, XXXX Bank ( XXXX ) XXXXXXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX Travel/Entertainment ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXXXXXX : XXXX XXXX, XXXX Automotive ( XXXX ) XXXX 15 USC 1681| ( A ) ( 1 ) ( A ) ( a ) REINVESTIGATIONS OF DISPUTED INFORMATION ( 1 ) REINVESTIGATION REQUIRED ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumer 's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. According to 15 USC 1681e ( b ) it states this ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. " So I then asked them to provide me a description of the investigation according to 15 USC 16811 ( 7 ) : ( 7 ) Description of reinvestigation procedure A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description. But they did not do that as well either. I allege that TRANSUNION are in blatant violation of the following U.S. codes and legislation for the reasons specified : 15 USC 1692c ( b ) : Unauthorized communication with third parties about my debt. 15 U.S. Code 1681s-2 : Failure to correct and update inaccurate information in my consumer reports.15 U.S. Code 1681a ( 2 ) ( 1 ) : Misuse or misrepresentation of definitions and rules related to consumer reporting. 15 U.S. Code 1681 ( 3 ) ( e ) : Further misuse or misrepresentation of definitions and rules related to consumer reporting. 15 U.S. Code 1681i : Inadequate procedures for disputing the accuracy of my consumer reports. 15 U.S. Code 1681b : Unauthorized access or use of my consumer reports for impermissible purposes. H.R. 3046 Social Security Number Privacy and Identity Theft Prevention Act of 2007 : Unauthorized use or disclosure of my Social Security numbers. Section 326 of the USA PATRIOT Act : Failure to verify my identification by financial institutions. Gramm-Leach-Bliley Act, Section 501 : Failure to ensure the security and confidentiality of my personal and financial information. Gramm-Leach-Bliley Act, Section 502 : Unauthorized sharing of my non-public personal information with non-affiliated third parties. Gramm-Leach- Bliley Act, Section 504 : Non- compliance with federal regulations designed to enforce the act, thereby putting my personal and financial information at risk XXXX XXXX Inquiry : XXXX XXXX, XXXX Bank ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX, XXXX Credit Union ( XXXX XXXX XXXX XXXX XXXX XXXX Inquiry XXXX XXXX XXXX, XXXX Bank ( XXXX ) XXXX XXXX XXXX XXXX  Inquiry : XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX Travel/Entertainment ( XXXX ) XXXX XXXXXXXX XXXX Inquiry : XXXX XXXX, XXXX Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX Travel/Entertainment XXXX XXXX ) XXXX XXXXXXXX XXXX XXXX XXXXXXXX : XXXX XXXX, XXXX Automotive 15USC 1681ad ) ( 2 ( A/i ) clearly states that transactions between the consumer and the Person/Corporation making the report is NOT included on the consumer reports. Yet transunion is reporting this information.. The reporting of excluded information pursuant to 15USC 1681 a ( d ) ( 2 ) ( A ) ( i ) on a consumer report is a clear violation of XXXX compliance. Provide me with the XXXX compliance disclosure on reporting transactions to a consumer reporting agency. TITLE 1.81.5. California Consumer Privacy Act of 2018 [ 1798.100 - 1798.199.100 ] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) -1798.106. Consumers Right to Correct Inaccurate Personal Information ( a ) A consumer shall have the right to request a business that maintains inaccurate personal information about the consumer to correct that inaccurate personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information. ( b ) A business that collects personal information about consumers shall disclose, pursuant to Section 1798.130, the consumers right to request correction of inaccurate personal information. ( c ) A business that receives a verifiable consumer request to correct inaccurate personal information shall use commercially reasonable efforts to correct the inaccurate personal information as directed by the consumer, pursuant to Section 1798.130 and regulations adopted pursuant to paragraph ( 8 ) of subdivision ( a ) of Section 1798.185. ( Added XX/XX/XXXX, by initiative Proposition 24, Sec. 6. Effective XX/XX/XXXX. XXXX XX/XX/XXXX, pursuant to Sec. 31 of Proposition 24. ) 1798.120. Consumers Right to Opt Out of Sale or Sharing of Personal Information ( a ) A consumer shall have the right, at any time, to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumers personal information. This right may be referred to as the right to opt-out of sale or sharing. ( b ) A business that sells consumers personal information to, or shares it with, third parties shall provide notice to consumers, pursuant to subdivision ( a ) of Section 1798.135, that this information may be sold or shared and that consumers have the right to opt-out of the sale or sharing of their personal information** 1 See, e.g., 12 U.S.C. 5481 ( 12 ) ( F ), 5512 ( b ), 5514 ( c ), 5515 ( c ), and also Sub title E ( 12 U.S.C.5561 5567 ) ; 15 U.S.C. 1681s ( b ) ( 1 ) ( H ), ( e ). Authority over 15 U.S.C. 1681m ( e ) and 1681w are limited to the Federal banking agencies, the XXXX, the FTC, the CFTC, and SEC. 1. 15 U.S.C. 1681s. States can directly bring actions under FCRA. See 12 U.S.C. 1681s ( c ) .States can al so bring actions under the Consumer Financial Protection Act ( CFPA ) against covered persons and service providers based upon violations of federal consumer financial laws, including the FCRA . See Authority of States to Enforce the Consumer Financial Protection Act of 2010, 87 FR 31940 ( May 26, 2022 ). 2. 15 U.S.C. 1681n, 1681o. 3. See, e.g., Consumer Financial Protection Bureau, Supervisory Highlights ( Spring 2014 ), at 10, https : XXXX XXXX. 4. See, e.g., Complaint at 15, CFPB v. Fair Collections & Outsourcing , Inc., D. Md. No. 19-Civ-2817 ( Filed Sep. 25, 2019 ). 5. With respect to furnisher direct disputes, see 74 FR 31,484, 31,500 ( July 1, 2009 ) ( Some industry commenters also suggested that the Agencies issue a model direct dispute complaint form, with some advocating that consumers be required to use the model complaint form. The Agencies decline to adopt these suggestions because such requirements would cause otherwise valid disputes to b e rejected as frivolous or irrelevant due solely to the consumer 's failure to meet a technical requirement that probably would be unknown to the consumer. ) 6. 15 U.S.C. 1681i ( a ) ( 3 ) ( A ) ( identifying which disputes the consumer reporting agency can determine to be frivolous or irrelevant ) ; 12 CFR 1022.43 ( f ) ( 1 ) ( identifying which disputes the furnisher can determine to be frivolous or irrelevant ). 7. 15 U.S.C. 1681i ( a ) ( 3 ) ( Consumer reporting agency frivolous or irrelevant determination ) ; 12 CFR 1022.43 ( f ) ( furnisher direct dispute frivolous or irrelevant determination ). 8. 15 U.S.C. 1681s-2 ( b ). See Brief for Consumer Financial Protection Bureau and Federal Trade Commission as XXXX XXXX Supporting Plaintiff-Appellant, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX ). 9. 15 U.S.C. 1681i ( a ) ( 2 ) ( A ). 10. Consumer Financial Protection Bureau, XXXX XXXX ( XXXX XXXX, XXXX ), at 1, https : XXXX ( alerting furnishers to the fact that consumer reporting agencies have begun forwarding images of relevant documentation to furnishers as part of the reasonable investigation of disputes ). 11. For example, a copy of a bill supporting the consumers dispute conveys information regarding the persuasiveness of a consumers dispute that data about the bill would not. 12. Federal Trade Commission, 40 Years of Experience with the Fair Credit Reporting Act : An FTC Staff Report with Summary of Interpretations ( XXXX. XXXX ), at 77, https : XXXX fair-credit-reporting-act-ftc-staff-report-summary- XXXX ( XXXX does not comply with this provision if it merely indicates the nature of the dispute, without communicating to the furnisher the specific relevant information received from the consumer. For example, if the consumer claimed never late and submitted documentation ( such as cancelled checks ) to support his/her dispute, a CRA does not comply with the requirement that is provide all relevant information if it simply notifies the furnisher that the consumer disputes the payment history without communicating the evidence received. ). 13. 2115 U.S.C. 1681s-2 ( b ) ( 1 ) ( B ) XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX : XXXX. XXXX, XXXX + Bank ( XXXX ) XXXXXXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX, XXXX + Credit Union XXXX XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Credit Union XXXX XXXX ) XXXX XXXX XXXX XXXX  Inquiry XXXX XXXX XXXX, XXXX + Travel/Entertainment ( XXXX ) XXXX XXXXXXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX  Inquiry : XXXX XXXX, XXXX + Travel/Entertainment ( XXXX ) XXXX XXXXXXXX XXXX XXXX XXXXXXXX : XXXX XXXX, XXXX + Automotive ( XXXX ) XXXX