Consumer complaint received 2023-09-13
Company: LEXISNEXIS
State: TX
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:
Public record XXXX  XXXX XXXX Bankruptcy XXXX XXXX CT IL XXXXFederal file date XXXXXXXX  To whom it may concern, I recently asked you to verify information contained in my credit file in which I have provided proof that the method you used to allegedly verify this item was invalid. Item in question : Bankruptcy You stated that your process to verify this item was ( process/company they claimed verified item ) and on-XXXXXXXX  ( I sent you notice that your process was not valid due to me going directly to the company and them not being able to verify the item. You then replied and stated it was still verified without sending me any documentation or proof of an actual investigation. I know per the FCRA I have to give you 30 days to correct a known mistake within my credit file and at this point you have been granted that time, this is a formal notification that I plan on filing a complaint with the CFPB, and XXXX  against the company is this bankruptcy is not deleted from my credit report IMMEDIATELY! it was not removed. Please delete this unverified information as you may have mix/merged my credit file. challenged accounts XXXX XXXX - XXXX XXXX  - XXXXXXXX XXXX XXXX XXXXXXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXreporting on my consumer credit file without providing me any communication regarding the account and debt alleged owed. under FDCPA they are suppose to provide me a notice within 5 days before furnishing on my reporting, providing me notice of the debt pursuant to 15 U.S. Code 1692g - Validation of debts- a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. they did not lawfully provide proper communication that i have a right under 15 U.S. Code 1692g - Validation of debts- ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 15 U.S. Code 1666b - Timing of payments- ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan 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 ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. These companies are reporting late payments, collections, and 30 day, 60 days,120 days payment on dates that are PPNL PAID AND NEVER LATEthere fore prompting me to not be able to properly responded during the dunning period for the alleged debt which does not constitute for me to be liable by law under 15 U.S. Code 1692g - Validation of debts ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.15 U.S. Code 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 : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; they are communicating with Third parties XXXX, XXXX, XXXX, XXXX XXXX with out proper permissible purpose under 15 U.S. Code 1692c - Communication in connection with debt collection- ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. this company is also furnishing incorrect incomplete in accurate information they are claiming to have charged off and collecting which they can not do, i asked them for validation of debt This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureaus, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you regarding the following account numbers : 15 U.S. Code 1681e - Compliance procedures-a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. ( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report. ( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter. ( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph. 15 U.S. Code 1681i - Procedure in case of disputed accuracy- ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Please provide me with : Your legal staff will agree that compliance with this request is required under the state laws and the Federal Statutes. In addition to the questionnaire below, please attach copies of : - Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment. - Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor. - Proof that you are licensed to collect in my state. - Your license numbers and Registered Agent or Agent of Service. - The identity, name, and address of the original creditor. Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus ( XXXX, XXXX or XXXX ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following : 1. Violation of the Fair Credit Reporting Act, ,2. Violation of the Fair Debt Collection Practices Act and 3. Defamation of Character If your offices can provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. If your company fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the 3 major credit reporting bureaus : XXXX, XXXX and XXXX ) request shall be sent to me immediately. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. they failed to do so. they also did not provide me with my 1099C tax form for the charge off i have to turn all charged off debts in on for income on 1099c in which they are claiming to have done while unlawfully still trying to collect.

Company response to consumer: Closed with explanation