Consumer complaint received 2023-08-31
Company: Experian Information Solutions Inc.
State: FL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Fl Zip XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, FL XXXX Subject : Cease and Desist Letter Dear Sir/Madam, I am writing to you on behalf of XXXX XXXX to formally request that XXXX XXXX XXXX XXXX immediately cease and desist from engaging in any further activities that infringe upon our rights. It has come to our attention that your organization has been harassing me. I am writing to request the removal of a time share from XXXX XXXX XXXX XXXX that is currently appearing on my credit report. I believe this entry is in violation of consumer protection laws and should be removed immediately. 

I would like to provide some background information regarding this matter. In XX/XX/XXXX I attended a presentation by XXXX XXXX XXXX XXXX, during which I was persuaded to purchase a time share. However, I later discovered that the sales practices employed were deceptive and misleading, and the terms and conditions of the contract were misrepresented. 

As a consumer, I have the right to accurate and truthful information when making a financial decision. The sales practices employed by XXXX XXXX XXXX XXXX violated these rights and are in violation of consumer protection laws, including but not limited to 1. Cooling-Off Period : Many jurisdictions provide consumers with a limited time, typically several days, after signing a timeshare contract to cancel it without any penalty. This is often known as the cooling-off period. 

2. Contract Rescission : Some laws may allow consumers to rescind a timeshare contract within a specific timeframe after the purchase, even beyond the cooling-off period. The process and time limits for rescission can differ based on the jurisdiction. 

3. Timeshare Exit Companies : Some regions have enacted laws or regulations to address issues related to timeshare exit companies, which are businesses claiming to help owners get out of their timeshare contracts. These laws aim to protect consumers from deceptive practices. 

4. Disclosures and Transparency : Consumer protection laws may require timeshare sellers to provide clear and comprehensive information about the terms, costs, and obligations associated with the timeshare before the purchase. 

5. Misrepresentation and Fraud : Laws may be in place to protect consumers from fraudulent or deceptive practices by timeshare developers or sales representatives. 

Therefore, I kindly request that you initiate an investigation into this matter and remove the entry related to the XXXX XXXX XXXX XXXX time share from my credit report. I believe this action is warranted based on the following grounds : 1. Misrepresentation of contract terms and conditions. 
2. Deceptive sales practices employed during the presentation.

3. Violation of consumer protection laws. 

I have enclosed copies of any supporting documentation that substantiates my claims, including within a week of signing documents for the timeshare. I realize that I was being completely scammed the points that I was given and had to pay {$250.00} for I was out of those points by the time I booked a vacation the next day. I then reached out to my sales representative and told her that I no longer wanted my contract and nothing was ever done about it. They just kept sending me out bills each month, I even spoke to someone in the customer relations department in regard to canceling the account and they told me that that was not an option but due to consumer loans I was aware that 1. Cooling-Off Period : Many jurisdictions provide consumers with a limited time, typically several days, after signing a timeshare contract to cancel it without any penalty. This is often known as the cooling-off period. 

2. Contract Rescission : Some laws may allow consumers to rescind a timeshare contract within a specific timeframe after the purchase, even beyond the cooling-off period. The process and time limits for rescission can differ based on the jurisdiction. 

3. Timeshare Exit Companies : Some regions have enacted laws or regulations to address issues related to timeshare exit companies, which are businesses claiming to help owners get out of their timeshare contracts. These laws aim to protect consumers from deceptive practices. 

4. Disclosures and Transparency : Consumer protection laws may require timeshare sellers to provide clear and comprehensive information about the terms, costs, and obligations associated with the timeshare before the purchase. 

5. Misrepresentation and Fraud : Laws may be in place to protect consumers from fraudulent or deceptive practices by timeshare developers or sales representatives. 

I request that you provide written confirmation once the investigation is complete and the time share entry has been removed from my credit report. Please ensure that this information is also forwarded to any third-party entities that have received my credit report recently. 

Thank you for your attention to this matter. I trust that you will conduct a thorough investigation and take the necessary steps to rectify this situation. Should you require any additional information, please do not hesitate to contact me at XXXX ( XXXX ) XXXX or XXXX We hereby demand that [ XXXX XXXX. XXXX XXXX ] immediately : 1. Cease and desist from any further use of our [ intellectual property/rights ] in all forms and mediums, including but not limited to advertising, marketing, promotion, or any other commercial activities. 
2. Remove all references to our [ intellectual property/rights ] from your website, social media platforms, marketing materials, and any other materials associated with your organization. 
3. Confirm in writing within [ specify a reasonable timeframe, e.g., 14 days ] of receiving this letter that you have complied with our demands and have ceased all infringing activities. 
4. Provide us with written assurance that you will refrain from any future infringement of our [ intellectual property/rights ]. 

Failure to comply with this cease and desist letter will leave us with no choice but to pursue all available legal remedies, including seeking injunctive relief, damages, and attorneys ' fees, to enforce our rights and protect our interests. 

We expect a prompt and positive response to this letter no later than specify a reasonable deadline, e.g., 14 days from the date of this letter. Please address all future correspondence regarding this matter to the undersigned at the above address. 

This letter is not intended to be a complete or exhaustive statement of our rights, legal or otherwise, in connection with the aforementioned matter, and it is without prejudice to any other rights or remedies we may have at law or in equity.

Thank you for your immediate attention to this matter. We trust that you will take the necessary actions to cease and desist from any further infringement of our rights. 

Yours sincerely, XXXX XXXX XXXX XX/XX/XXXX

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