Product: Credit reporting or other personal consumer reports

To : Consumer Financial Protection Bureau From : XXXX XXXX XXXX : XXXX Re : Contesting the Validity of Experians Response to the Consumer Financial Protection Bureau Regarding Verification of Credit Report Information I. Introduction This memorandum addresses the response submitted by Experian to the Consumer Financial Protection Bureau ( CFPB ) regarding a dispute involving inaccurate information on a consumer credit report. Specifically, it challenges Experians 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 15 U.S.C. 1681 ( a ) ( 1 ) ( 2 ) ( 3 ), 1681b ( a ) ( 2 ), 1681e ( a ) ( b ), and 1681s-2 ( a ) ( 1 ) ( A ) ( B ) ( i ), as verification as defined under statutory and legal interpretations requires substantiation by formal oath, affidavit, or equivalent authenticated processes. 

II. Legal Background and Analysis A. Legal Standard for Verification Under the FCRA Verification, in the statutory and legal sense, is more than a superficial affirmation of accuracy. As articulated in Blacks Law Dictionary, verification means : " To confirm or substantiate by oath or affidavit. Particularly used of making formal oath to accounts, petitions, pleadings, and other papers. The word verified, when used in a statute, ordinarily imports a verity attested by the sanctity of an oath. It is frequently used interchangeably with sworn. Confirmation of authenticity, by affidavit, oath, or deposition. '' Verification, therefore, requires a process akin to sworn testimony or formal authentication, typically including affidavits or depositions. This rigorous standard ensures good faith and accuracy in the reporting and dispute resolution process under the FCRA.

B. Violations of Applicable FCRA Provisions Violation of 15 U.S.C. 1681 ( a ) ( 1 ) ( 2 ) ( 3 ) : 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, Experian undermines the legislative intent to safeguard consumers against inaccurate or unverifiable credit information. 

Violation of 15 U.S.C. 1681b ( a ) ( 2 ) : Permissible Purposes The section restricts access to consumer reports to entities with a permissible purpose. If Experian provided inaccurate information while asserting verification, it may have exceeded its permissible purpose by perpetuating erroneous data, contravening the consumers rights.

Violation of 15 U.S.C. 1681e ( a ) ( b ) : Compliance Procedures Under 1681e, consumer reporting agencies must maintain reasonable procedures to assure maximum possible accuracy of the information they report. Experian 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 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( 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, Experian failed to correct or delete the disputed information, violating their statutory obligation. 

III. 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 Verification : A deposition provides a word-for-word transcript of sworn testimony. The lack of any such substantiation from Experian 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, Experian has acted in bad faith, failing to meet the standard required under the FCRA. 

IV. Remedy Requested Given the blatant deficiencies in Experians verification process and their violation of multiple FCRA provisions, the appropriate remedy is as follows : Immediate removal and deletion of the disputed inaccurate information from the consumers credit report. 

Confirmation of the deletion in writing, accompanied by a statement acknowledging the failure to verify the information in accordance with statutory requirements. 

Consideration of further corrective measures, including potential penalties or sanctions, for providing misleading or false information to the CFPB. 

V. Conclusion The term verification carries significant legal weight and can not be satisfied by superficial or unsupported claims. Experians 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 consumer and the CFPB. To uphold the integrity of the credit reporting system and protect consumer rights, immediate corrective action is warranted. 

I am demanding the deletion of three ( 3 ) accounts inaccurately being reporting upon my consumer credit file due to your failure to comply with the statutory requirements under the Fair Credit Reporting Act ( FCRA ). Specifically, the accounts listed below have been erroneously verified in violation of your obligations under 15 U.S.C. 1681 ( a ) ( 1 ) - ( 3 ), 1681b ( a ) ( 2 ), 1681e ( a ), and 1681s-2 ( a ). 

Account ( s ) in Dispute : XXXX XXXXXXXX XXXX XXXX Account Number : XXXX Balance : {$5300.00} Past Due Amount : {$5200.00} Status : At least 120 days or more than four payments past due as of XX/XX/year>. 
TERMS : 1 Month XXXX XXXX Account Number : XXXX Balance : {$660.00} Past Due Amount : {$660.00} Status : At least 120 days or more than XXXX payments past due as of XX/XX/year>. 
Terms : 1 Month XXXX XXXXXXXX Account Number : XXXX Balance : {$340.00} Past Due Amount : {$340.00} Status : CHARGED OFF Failure to comply within 30 days will result in complaints to the FTC, and legal action under the FCRA for willful and negligent violations. Please acknowledge receipt and confirm actions promptly, ensuring complete resolution. 


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