Consumer complaint received 2023-07-20
Company: Experian Information Solutions Inc.
State: TN
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Difficulty submitting a dispute or getting information about a dispute over the phone

Complaint:
Subject : Formal Complaint Regarding Unlawful Debt Collection Practices Dear Sir/Madam, I am writing to formally lodge a complaint concerning what I believe to be a series of unjust and possibly illicit debt collection practices by Child Support Services ( CSS ) and the Department of Human Services ( DHS ) in Tennessee. 

On XX/XX/2023, I issued a Cease-and-Desist letter ( attached, pgs. XXXX ) via certified mail to CSS ( XXXX # XXXX XXXX XXXX XXXX XXXX ), confirmed as received on XX/XX/2023. The same letter was dispatched to the DHS on XX/XX/2023 ( tracking # XXXX XXXX XXXX XXXX XXXX ) and acknowledged as received on XX/XX/2023. 

The primary objective of this letter was to invoke a halt of all collection actions by CSS regarding the alleged debt of the undersigned, XXXX XXXX XXXX XXXX, pending an opportunity to inspect and copy all agency records relevant to the claim under 31 USC Section 3716. I further submitted a non-assumpsit claim, necessitating CSS to substantiate their claim of my obligation for the loan by presenting a genuine copy of the Promissory Note bearing my signature.

Despite my explicit request for substantiation of the alleged debt, CSS and DHS failed to respond or provide the requested Promissory Note. Instead, they continued with their collection efforts ( refer to attachment pg.14 ), activities that I believe breach section 805 ( c ) of the Fair Debt Collection Practices Act ( FDCPA ).

I wish to emphasize that my Cease-and-Desist letter clearly stipulated that their non-response, or silence, would be regarded as an acquiescence - a tacit acceptance - to their inability to provide the Promissory Note, thereby warranting the immediate dismissal and removal of the unsubstantiated debt.

Furthermore, I find DHS 's conduct in relation to their status of affiliation misleading. As a for-profit corporation listed on XXXX XXXX XXXX XXXX XXXX XXXX, dba Commissioner 's office , DHS has falsely implied that its debt collection is sanctioned by the United States or any State . This behavior constitutes a violation of 15 USC 1692e 807 ( 1 ), which prohibits " the false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State. '' Moreover, I believe several additional violations under 15 USC 1692e 807 have occurred : - The " TN CHILD SUPPORT '' account ( account number XXXX ) reported on Experian and XXXX contradicts a UCC Lien Certified Search Report from the State of Tennessee Secretary of State 's Office, falsely representing the character, amount, or legal status of the alleged debt. ( attached, XXXX ) - DHS has used deceptive means, including threats of suspending my license, passport, and income withholding, to attempt to collect the unsubstantiated debt, violating subsection ( 10 ) of 15 USC 1692e 807.

- False representation that nonpayment of the alleged debt would result in XXXX, garnishment, or attachment of my property or wages, contrary to the protections afforded by law, violates subsection ( 4 ) of 15 USC 1692e 807.

- Misrepresentations that suggest I committed a crime or disgraceful conduct in violation of subsection ( 7 ) of 15 USC 1692e 807, as they have suggested that my non-payment of the unsubstantiated debt equates to willful default.

Given these egregious violations of consumer rights, I urge you to initiate a comprehensive investigation into these practices by CSS and DHS. It is vital that such unscrupulous practices are addressed, and entities held accountable, to protect consumers and uphold the integrity of the FDCPA. 

I appreciate your prompt attention to this matter and stand ready to provide any further information as required. 

Sincerely, XXXX XXXX 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