Consumer complaint received 2023-12-20
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
Transunion have failed to uphold and comply with their grave responsibilities and obligations in providing maximum possible accuracy related to the information contained within my credit file, maintaining reasonable procedures to assure maximum possible accuracy of such information, and keeping my highly sensitive non-public personal and financial information confidential. Thus, violating several statutes under the Fair Credit Reporting Act. Congress enacted The FCRA to ensure fair and accurate credit reporting and to prevent an undue invasion of the consumers right of privacy. 

As of XX/XX/XXXX, Transunion has consistently inaccurately reported alleged late payments and late payment information on my credit file. Ive attempted to resolve this matter under multiple occasions disputing the information, to make Transunion & its agents aware of the inaccuracies and statutes violations. However Transunion have fraudulently certified and verified the information without reasonable procedures as required by law. 

Pursuant to 15 U.S.Code 1666b a creditor may not treat a payment as late for any purpose unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) is mailed or delivered to the consumer not later than 21 days before the payment due date. 

In order for the alleged late payments to be considered certified and verified as accurate, Transunion must have sufficient evidence to support the conclusion that the information was true and accurate, and in doing this the conditions required by 15 U.S. Code 1666b must be met and in accordance with FCRA section 607 a general or specific certification, providing the Certification of accuracy and the agent/s that were involved in the certification process, that certified with sufficient evidence that the information is complete and accurate. 

Transunion have used insufficient evidence and identifiers in their procedures certifying and verifying the inaccurate information being reported. It is not a reasonable procedure to assure maximum possible accuracy to use insufficient evidence and identifiers to match information to the consumer who is the subject of the report. 

Transaction history is insufficient evidence in supporting the conclusion that the alleged payments reporting as late is accurate information. Federal law states the ONLY sufficient evidence to be used when determining whether a payment is considered late or not will be by being in compliance with 15 U.S. Code 1666b.

In addition, according to the FCRA and 15 U.S.Code 1681a ( 2 ) ( i ) the transactions and experiences between me ( the consumer ) and XXXX XXXX  ( the person making the report ) on my consumer report is a violation of the FCRA and must be excluded from the consumer report to be in compliance with the Fair Credit Reporting Act and 15 U.S.Code 1681a ( 2 ) ( i ).

According to the Fair Credit Reporting Act and 15 U.S.Code 1681e ( b ) Accuracy of report states 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. 

In addition to running afoul of the FCRAs accuracy provisions, a consumer reporting company that uses insufficient evidence and identifiers can not rely on these procedures to form a reason to believe that all of the information it includes in a consumer report pertaining to the consumer is accurate. 

I have requested the information that Transunion must have or possess by law in order to certify and verify the alleged late payments/transactions as accurate on my credit file. This information is being requested pursuant to Rule 1002 Importantly, Transunion inability to conclusively determine that the disputed information is inaccurate does not mean that Transunion is permitted to report that its investigation verified the accuracy of the information. Instead, if the evidence available to Transunion is insufficient to establish the truth or falsity of the disputed information, then, under the statutory framework, Transunion must report that its investigation concluded that the disputed information can not be verified. XXXX, XXXX XXXX at XXXX. 

15 U.S. Code 1681i ( a ) ( 5 ) ( A ) States If, after any reinvestigation under paragraph ( XXXX ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. Thus contemplates that when information can no longer be verified, the proper response is to delete the information. See XXXX, XXXX XXXX at XXXX The FCRA was enacted to ensure fair and accurate credit reporting and to prevent an undue invasion of the consumer 's right of privacy in the collection and dissemination of credit information. XXXX XXXX. XXXX of XXXX. XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX ) ; see also 15 U.S.C. 1681 Transunion collection, assembly, evaluation and dissemination of my highly sensitive non-public personal and financial information has posed significant risks to my privacy. I have the legal right to not have my information disseminated. Transunion has a responsibility in consumer Confidentiality. 

More importantly, Transunion have failed to ; provide the required requested information, proceed in accordance with the requirements for a creditor to treat a payment as late and the evidence that must be sent to them to prove that the payments was late pursuant to 15 U.S.Code 1666b. 

Transunion have also failed to maintain reasonable procedures ensuring maximum possible accuracy and failed to provide certification of accuracy and the agents involved. Thus admitting that the proper procedures and certifications were not met/done in compliance with the law violating 15 U.S. Code 1666b, 15 U.S. Code 1681e ( b ) and 15 U.S.Code 1681a ( 2 ) ( i ).

Transunion failure to report accurate information and properly comply with the law, has caused me reputational, emotional, physical, and economic harm. I am demanding Transunion to delete the ALL late payment information reported on the account XXXX XXXX XXXX immediately. 

Pursuant to 1022 ( b ) ( 1 ) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which authorizes guidance as may be necessary or appropriate to enable the Consumer Financial Protection Bureau to administer and carry out the purposes and objectives of Federal consumer financial laws.

Pursuant to the FCRA and 15 U.S.C. 1681n, 1681o ; a person is civilly liable to a consumer for violations if such person has negligently or willfully failed to comply with the requirements.

The FCRA section 620 imposes criminal liability on any officer or employee of a consumer reporting agency who knowingly and willfully fails to comply with any requirement.

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