Consumer complaint received 2023-05-08
Company: Kimball, Tirey & St. John LLP
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Public record information inaccurate

Complaint:
Effective XX/XX/XXXX, XXXX XXXX XXXX XXXX ) XXXX, codified in California Code of Civil Procedure 1161.2 and 1167.1., automatically and permanently seals all limited unlawful detainer ( eviction ) actions. 

As the majority of unlawful detainer actions take more than 60 days to litigate from filing the complaint to judgment, the majority of all unlawful detainer actions will now be permanently sealed, even if the landlord prevails at trial. 

California passed a law in XXXX  disallowing certain eviction case information from being included in credit reports. However that law was quickly deemed to be unconstitutional since eviction cases are considered a matter of public record. 

1 ) This case is in reference to XXXX, being placed on my credit report with no advanced notice to allow time to dispute. This is a closed case, it is deceptive, misleading, and a direct misrepresentation to list an sealed eviction record as " Open '' when in fact it is " Closed ''. 

2 ) This Law Firm is prohibited from reporting this record to CRA 's. Due to it being sealed Public Record, and can not be sold to a collection agency. This Law Firm is not a collection agency, and they are limited in performing the duties as one to try to collect on an Eviction Judgement. as stated on their website which is copied and pasted in parentheses. (, Reasons to Choose Kimball , Tirey & St. John LLP for Your Collections Kimball , Tirey & St. John LLP IS A LAW FIRM, NOT A COLLECTION AGENCY. As such, we execute on judgment debt utilizing formal legal procedures to recover your money. Some options include bank levies, wage garnishments and drilling safety deposit boxes. ) and therefore can not report this Public Record to the CRA 's once I had it removed from Tenant Screening. They are prohibited by CA, and federal laws from misleading the CRA 's by reporting this account as an loan, other loan, to changing the account type from Public Records to a collection. 
That is considered FALSE AND, MISLEADING REPRESENTATION. 

1006.18 False, deceptive, or misleading representations or means.

THIS VERSION IS THE CURRENT REGULATION View all versions of this regulation Search this regulation Comment 18 ( f ) -1 ( a ) In general. A debt collector must not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( d ) of this section.

( b ) False, deceptive, or misleading representations.

( 1 ) A debt collector must not falsely represent or imply that : ( i ) The debt collector is vouched for, bonded by, or affiliated with the United States or any State, including through the use of any badge, uniform, or facsimile thereof.

( ii ) The debt collector operates or is employed by a consumer reporting agency, as defined by section 603 ( f ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( f ) ).

( iii ) Any individual is an attorney or that any communication is from an attorney.

( iv ) The consumer committed any crime or other conduct in order to disgrace the consumer.

( v ) A sale, referral, or other transfer of any interest in a debt causes or will cause the consumer to : ( A ) Lose any claim or defense to payment of the debt ; or ( B ) Become subject to any practice prohibited by this part.

( vi ) Accounts have been turned over to innocent purchasers for value.

( vii ) Documents are legal process.

( viii ) Documents are not legal process forms or do not require action by the consumer.

( 2 ) A debt collector must not falsely represent : ( i ) The character, amount, or legal status of any debt.

( ii ) Any services rendered, or compensation that may be lawfully received, by any debt collector for the collection of a debt.

( 3 ) A debt collector must not represent or imply that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

( c ) False, deceptive, or misleading collection means. A debt collector must not : ( 1 ) Threaten to take any action that can not legally be taken or that is not intended to be taken.

( 2 ) Communicate or threaten to communicate to any person credit information that the debt collector knows or should know is false, including the failure to communicate that a disputed debt is disputed.

( 3 ) Use or distribute any written communication that simulates or that the debt collector falsely represents to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or that creates a false impression about its source, authorization, or approval.

( 4 ) Use any business, company, or organization name other than the true name of the debt collectors business, company, or organization.

( d ) False representations or deceptive means. A debt collector must not use any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 


They are prohibited from reporting to CRA 's ( This is a Legal Matter through the unlawful detainer unit of the court, eviction was filed ). 

This law firm can be sued for using deceptive debt collection practices Kimball Tyree St John is required to cease all credit reporting for ( Sealed Public Record XXXX ) and to delete themselves from my credit report XXXX, and XXXX, being that they have negligently violated the Law On Re-insertions : RE-INSERTION VIOLATIONS : WHEN A CREDITOR, A DEBT COLLECTOR OR A CREDIT BUREAU RE-INSERTS FALSE OR DEROGATORY INFORMATION ON YOUR CREDIT REPORT. 

credit-damage resulting from a delinquent account appearing on their credit profile, the derogatory suddenly disappeared for some months, but then started reappearing on their credit report once again without any advance notice. This is known as a re-insertion violation of the federal Fair Credit Reporting Act ( FCRA ). 

Section 623 ( a ) ( 3 ) : Duty of furnishers to provide notice of dispute code 1681s 2 : A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

Section 805 of the FDCPA?

805.

( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. 

This law firm needs to recognize that Judgements, Tax, Public Records are no longer on credit reports. As per the National Consumer Assistance Protection Plan ( Policies created for the CRA 's : Copied and Pasted in Parentheses : ( Big Changes for Credit Reports, Improving Accuracy for Millions of Consumers. 
implemented XX/XX/XXXX, that were part of the National Consumer Assistance Plan 's enhanced standards for public record reporting, were expected to remove all civil judgment records and tax liens from consumer credit reports. The credit bureaus have now announced that beginning XX/XX/XXXX, they will remove all tax liens from consumer credit reports and cease reporting all tax lien data, bankruptcy public record data ) Cease Reporting Public Record Data This law Firm can be sued for the following remedies.

Company response to consumer: Closed with explanation