Consumer complaint received 2022-03-08
Company: Experian Information Solutions Inc.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Personal information incorrect

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/2022 AFFIDAVIT OF FACT In The Matter Of : XXXX XXXX, a man / woman To : Experian, a woman/man ; Dear Experian, a woman/man, You, Experian, a woman/man , have engaged in multiple violations against I, a woman, without right. I obtained a copy of my consumer credit report found many issues that are in direct violation of my consumer rights under 15 U.S. Code 1681. I am a woman, the consumer in fact it is my understanding that I am going to tell the truth the whole truth in all matters here. Having so qualified my testimony I now take my affidavit and submit it into court record in full and state that everything in my Affidavit is the truth and the whole truth for the record. Made under penalty of perjury. 

I, a woman, the consumer in fact has personal knowledge of, and asseverate the following : 1. Fact, I, a woman, the consumer know that The Fair Credit Reporting Act 15 USC 1681 was made by congress to ensure accuracy and fairness of credit reporting. The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

2. Fact, I, a woman, the consumer knows that 15 U.S. Code 1681q - Obtaining information under false pretenses. Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. Notice, it is a fact, any person, which includes an organization such as Experian who willfully and knowingly obtains information on a consumer, like I, the affiant from another consumer reporting agency, without the written instructions or authorization pursuant to 1681b is information obtained under false pretenses. You have no lawful authority, and this is a crime under Title 18 and fines are described within 18 U.S. Code 3571.

3. Fact, I, a woman, the consumer also knows that 15 U.S. Code 1681e ( b ) is in regard to compliance procedures that discussed the accuracy of a consumer 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. Exhibits A-I shows how Experian allowed inquiries and incorrect personal information to be placed on my consumer report without verifying the accuracy of each entry, so they violated my consumer rights to a fair and accurate reporting of my credit. How did they verify the accuracy of these accounts? What process did they use to verify this information? When asked to be removed via mail and phone, Experian stated they have to report fair and accurate information and can not remove but I have sent them my ID showing proof of identification and a lease showing proof of my residence that they requested so how can they say that when the information on my report was not accurate nor matched the documents I sent in and then was later removed which proves they did not follow 15 U.S. Code 1681e ( b ) and violated my consumer rights. The inquiries showing in the documentation that was deleted does not comply with the law and does not comply with this maximum possible accuracy standard and must be removed due to its failure to maintain reasonable procedures, which is a violation of 15 U.S.Code 1681e ( b ) .Even though they was deleted, the damage was already done beforehand and when requesting the deletion I was advised on many occasions they were doing the job the right way and I had to wait for these items to fall off on their own. This was very damaging to my character because again my score dropped drastically, and I was denied for loans and other credit card opportunities that caused a financial burden on me to not be able to have the opportunity for credit and loans to help with my own financial issues because creditors seen all these inaccurate inquiries that showed them I was applying for too much credit in a short period of time but that was false.

4. Fact, I, a woman, the consumer knows that 15 U.S. Code 1681n ( a ) ( 1 ) ( A ) states that unauthorized inquiries hold civil liability up to the amount of {$1000.00} or the actual damage as the cause of this failure, whatever is greater. Notice, it is a fact, affiant is aware, these unauthorized inquires which allowed third parties to obtain my consumer report under false pretenses has brought damage to my consumer report and reputation in the amount of {$1000.00} dollars per inquiry and Experian is in violation of 15 U.S. Code 1681n ( a ) ( 1 ) ( A ) and is liable for each unauthorized inquiry as shown in Exhibits A-I. When an investigative report is prepared, no adverse information in a consumer report may be included in a subsequent consumer report unless the reported was verified. Each month this false information was incorrectly verified making Experian liable for each consecutive reporting shown in documents provided. These unauthorized inquiries on my report caused me stressed and XXXX because I was being constantly denied for credit and loans that could have helped me out of my financial burden and also provide a better living situation for me and my family. 

5. Fact, I, a woman, the consumer knows that 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) states the inquiries on my consumer report is unauthorized and has been furnished without my consent. There was no permissible purpose and is a violation of 15 U.S. Code 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ). I have attached Exhibits A-I showing after months even years later the inquires and incorrect addresses and names finally being removed but before doing so the damage is already done. I was denied for loans and credit opportunities due to lenders seeing this false information furnished my Experian and denied me multiple times which has caused severe and ACTUAL DAMAGE and INJURY to not only my personal but business life. Being denied has cause a financial burden to be able to take advantage of lower interest rates and high credit limits or even better car and home offers. I suffered from emotional distress because of the effects this inaccurate information on my consumer report causing me to be afraid and bad XXXX  of trying to get myself out this financial burden by applying for loans and credit help but creditors would not trust me and seen me as a high risk because of what they saw on my consumer report. I had hard time sleeping at night and became depressed because of fighting for the accuracy on my reports and being told by Experian that it was when it actually was not and then later on, they finally agreed and removed but it cost me a lot of loss during the time they would not fix their mistake when they were knowingly in the wrong. 

6. Fact, I, a woman, the consumer knows that 15 U.S. Code 1681g ( f ) ( 2 ) ( A ) ( i ) defines a credit score being a risk score. Notice, it is a fact, affiant is aware, a credit score is a risk score pursuant to 15 U.S. Code 1681g ( f ) ( 2 ) ( A ) ( i ). Like other risk scores, a credit score is a calculated score that tells you how severe a risk is, based on several factors to predict the likelihood of certain credit behaviors such as default. Because my credit score determines my risk with creditors the inaccurate reporting by Experian with these unauthorized inquiries and personal information, they reported caused me to be a high-risk factor and creditors denied me for there products and services.

7. Fact, I, a woman, the consumer knows that 15 U.S. Code 1681o ( a ) ( 1 ) is for negligent noncompliance, or in other words, failure to comply even though they should have known they must comply, is equal to the sum of action damages.15 U.S. Code 1681o is acting like they didnt know it was wrong, even though they should is still a violation. Notice, it is a fact, affiant is aware, negligence is neglecting requirements that should be known. I, the affiant, and consumer, made Experian aware of, prior and continued failures of reasonable procedures. The affiant has reason to believe and do so believes due to Experian business practices, Experian actions are liable under 15 U.S. Code 1681o for the actual damages caused to me, the consumer in fact.

If the parties given notice by means of this document have information that would controvert and overcome this Affidavit of Fact, please advise me In written affidavit form within ten [ 10 ] days from receipt. Provide me with your counter-affidavit, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and not merely the ultimate facts or conclusions of law, proving that this Affidavit of Fact is substantially and materially false sufficiently, to change materially my Status and factual declarations. Your silence stands as consent to, and tacit agreement of, the Claim and factual declarations made herein being established as matters of fact and matters of law.

I, a woman ... : woman declare under penalty of perjury, that all herein be true, and will testify XXXX XXXX in open Court, that all herein be, true, so help me God. 

The term consumer means any natural person obligated or allegedly obligated to pay any debt.

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 non-monetary relief