Consumer complaint received 2023-01-25
Company: Experian Information Solutions Inc.
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
My name is XXXX XXXX, a federally protected consumer, and I am making this complaint against XXXX XXXX, for committing identity theft. I have never given XXXX XXXX, any permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. I am aware that in accordance with Article XXXX, the assignment of a defaulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S. Code 1692e ( 12 ). I have not validated any alleged debt with XXXX XXXX and my failure to dispute the validity of these alleged debts shall not be construed as an admission of liability. As of XX/XX/2023 I have not received any documentary evidence, such as a trilateral contract, giving XXXX XXXX any right to collect on this alleged debt. I have never received any documentation requesting validation from XXXX  XXXX, before they committed multiple violations under the FCRA and the FDCPA by furnishing this alleged debt to my consumer report, including but not limited to 15 U.S. Code 1692d ( 4 ) which the FTC defines as debt parking. If XXXX XXXX, can not provide me with proof such as a tracking number that they attempted to lawfully validate this alleged debt with me, the consumer, prior to furnishing it on my consumer report, this has been a fraudulently furnished account with forethought and malice as an attempt to bring harm to me and my financial reputation. I am legally refusing to pay this debt pursuant to 15 U.S. Code 1692c ( c ). I am demanding a cease and desist of all illegal activity, any communication and collection activity, of this and any alleged debts until XXXX XXXX, can provide me with sufficient documentary evidence that I have any legal obligation to pay them. If this documentary evidence can not be produced and XXXX  XXXX, continues its collection efforts, I will file for litigation for actual damages caused and XXXX  XXXX, will be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, extortion, theft by deception, securities fraud, and mail fraud. Upon the receipt of the documents herein and of this notice, you are hereby notified Pursuant XXXX XXXX. Your prompt attention and response are both requested and required. This account is listed as a XXXX XXXX  on my consumer report as shown in attachment. This is false and misleading. I am aware the definition of a XXXX XXXX, pursuant to XXXX CFR 1956.54, is The writing off of a debt and termination of collection activity without release of personal liability. Im also aware that once a debt is cancelled, it now becomes gross income. Pursuant 26 U.S. Code 61 ( a ) ( 11 ), Gross income includes income from discharge of indebtedness. Was a XXXX filed on this account? If so, I never received XXXX. If your company has mailed me a XXXX, please provide documentary evidence, such as a tracking number, that proves I in fact received and was aware of a XXXX. Knowingly furnishing this false and misleading charge off to my consumer report is a violation of 15 U.S. Code 1681s-2. If XXXX XXXX has filled out a XXXX form and is continuing any kind of collection activity as defined under 31 U.S. Code 3711 ( e ) by performing any of the following conduct ; administrative offset, tax refund offset, referral to private collection contractors, referral to agencies operating a debt collection center, reporting delinquencies to the credit reporting agencies, garnishing wages, pursuing litigation or foreclosure, you are committing tax fraud and should be reported to the IRS for a fraudulent financial gain. I am aware and I am invoking my right as the consumer to demand the money audit trial in accordance with 12 U.S. Code 5562 ( c ) ( 10 ). I would need this product of document material as documentary evidence in order to properly address this subject matter and without this documentary evidence there can be no validation of such debt. Furthermore, in order to validate the debt, please provide verification through audit certification of debt entry in accordance with XXXX, XXXX, in accordance with XXXX XXXX, and XXXX conversions. If any of the above can not be provided, this account must be removed from my consumer report immediately to prevent further harm to me and my financial reputation.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation