Consumer complaint received 2023-03-24
Company: Advanced Resolution Services Inc.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
This formal dispute letter serves Advance Resolution Services Inc ( ARS ) in connection with violations of the Fair Credit Reporting Act, 15 U.S.C. 1681, et seq. ( hereafter FCRA ), which prohibits Consumer Reporting Agencies ( CRA ) from engaging in deceptive and unfair practices. 

I. WHAT YOUR COMPANY NEED TO KNOW 1. Please be aware that I disputed the information ( U.S. Bankruptcy Court item ( s ) contained in my credit/consumer file. See. Above Referenced Account ( s ) ; 2. I carefully investigated this incident, the U.S. Bankruptcy Court never provided any information to your company, nor do they ever validate and/or confirm public records ; 3. The public records information is never validated by the Recorder of Deeds nor the U.S. Bankruptcy Court system due to the Fair Credit Reporting Agency Privacy Law ; 4. The U.S. Bankruptcy Court confirmed that your company has never validated or verified this public record entry on my consumer/credit report, neither will they ever be by them. They further stated while they are not liable or responsible for any misuse or incorrect public records, nor the distribution of said information, public records may, and oftentimes are, reported by third party sources unawares to the consumer, and in most cases, incorrectly ; 5. Your company reported unverified derogatory information to my consumer/credit report ; 6. Your company failed to provide me with competent and documentary evidence to prove that the disputed information is verified. Obtaining bankruptcy information from XXXX a third party data furnisher is not proper validation. The law is clear : " If the CRA can not validate the information with the original information furnisher, which in this case would be the U.S Bankruptcy Court the CRA must remove said information from the consumer file '' ; 7. According to the FCRA, I have the right to an accurate consumer/credit report.

8. According to the FCRA, your company is violating several of my consumer rights. See List Below. 

15 U.S.C 1681 - Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy.

15 U.S.C 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

15 U.S.C 1681e Compliance Procedures ( b ) Accuracy of 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.

( e ) Procurement of Consumer Report for Resale ( 1 ) Disclosure. A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 604 [ 1681b ] for which the report is furnished to the end-user of the report ( or information ). 

15 U.S.C 1681o - Civil liability for negligent noncompliance ( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of- ( 1 ) any actual damages sustained by the consumer as a result of the failure; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney 's fees as determined by the court. 

II. DEMAND You are placed on notice that you have multiple violations of the FCRA and in a reasonable effort to resolve this matter amicably, I demand the following : 1. Considering the information indicating a FCRA violation, I need ALL bankruptcy information currently showing under my Social Security Number ( SSN ) to be permanently deleted from my consumer/credit report immediately. See. Above Referenced Account ( s ) ; 2. I demand the immediate and permanent deletion of all/any derogatory information and marks from my consumer/credit report ; 3. I request you to provide me with a copy of my new consumer/credit report reflecting information removed upon completion. 

Be advised, your actions give rise to a viable claim for federal action for violations of the FCRA. As such, I advise that you comply with my demands and avoid litigation against your company. 

Failure to comply with the aforementioned demand within thirty ( 30 ) days from the date of this letter will result in a lawsuit being filed against you. I have consulted with the attorney regarding my available options and avenues of redress, and he is prepared to take swift action in this matter. 

Please note that this letter constitutes a notice of intent to sue and any and all documents, including electronically stored communications, relating to me and any potential claims I may have, should be preserved to every extent possible.

Company response to consumer: Closed with explanation