Consumer complaint received 2023-07-15
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: CA
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:
I am writing in regards to the letter on XX/XX/2023 as being frivolous as everything needed to investigate this dispute was provided by XXXX XXXX XXXX. 
Based on the Consumer Financial Protection Circular 2022-07 by the Consumer Federal Protection Bureau , XXXX XXXX letter stated the following when I notified XXXX XXXX ( furnisher ) : Thus, when consumer reporting agencies and furnishers are properly notified of a dispute about information furnished in a consumer report, both consumer reporting agencies and furnishers must conduct a reasonable investigation of the dispute.

As my name, account number, last four of my social security number, address and the specific information I disputed on my credit report with an explanation on XX/XX/2023 that correlates with everything requested for in XXXX XXXX  letter dated XXXX XXXX. 
Proof of such requested information stated in XXXX XXXX letter : At this time, we are unable to conduct an investigation with the information provided as we have identified this to be a request containing Insufficient Information. In order for us to investigate your dispute, we must receive the following information : o Your name, account number, address, and telephone number ; o The specific information you are disputing in your credit report ; and o An explanation of why you are disputing this information As the above referenced letter was a stall tactic to try to not investigate this dispute when notified. Stated in the Consumer Financial Protection Circular 2022-07 by the Consumer Federal Protection Bureau : Consumer reporting agencies and furnishers can not avoid the obligation to conduct a reasonable investigation of disputes by making consumers satisfy demands other than those specified by statute or regulation. The CFPB is aware that consumer reporting agencies and furnishers have sought to evade the obligation to investigate disputes by requiring consumers to submit particular items of information or documentation with a dispute before the entity will conduct its investigation of the dispute. Examples of this conduct include : Consumer reporting agencies that require a consumer to provide a recent copy of the consumers report or file disclosure before investigating disputes despite the consumer providing sufficient information to investigate the disputed information ; Furnishers that require a consumer to provide additional specific documents even though the consumer has already provided the supporting documentation or other information reasonably required to substantiate the basis of a direct dispute ; and Consumer reporting agencies or furnishers that require a consumer to attach a completed proprietary form before investigating the consumers dispute. 

In which XXXX XXXX clearly states the following in the letter dated XX/XX/2023 : .You may also provide additional supporting documentation, as applicable, to support your claim, such as : o A copy of the relevant portion of your consumer report containing the alleged inaccurate information or account statements ; or o A copy of a police report, fraud, or identity theft affidavit At this time, we are unable to conduct an investigation with the information provided as we have identified this to be a request containing Insufficient Information. In order for us to investigate your dispute, we must receive the following information : Proving such statements limit my federal rights under the F.C.R.A. and make XXXX XXXX not compliant to the laws in place under the F.C.R.A. in regards to investigating consumer complaint directly with consumers. In which the C.F.P.B. clearly states the following on such topic : Enforcers may consider bringing an action under the FCRA when furnishers and consumer reporting agencies require consumers to provide documentation or proof documents, other than as described in the statute or regulation, as a precondition to the investigation. For disputes received directly from a consumer, a consumer reporting agency or furnisher must reasonably investigate the dispute unless they have reasonably determined that the dispute is frivolous or irrelevant. If such a determination is made, the consumer reporting agency or furnisher must notify the consumer of such determination within XXXX business days of the determination and identify the additional information needed from the consumer to investigate the dispute. Further, furnishers are not permitted to deem disputes as frivolous or irrelevant if the dispute has been provided to the furnisher from a consumer reporting agency pursuant to FCRA Section 623 ( b ).

Accordingly, consumer reporting agencies and furnishers must reasonably investigate disputes received directly from consumers that are not frivolous or irrelevant and furnishers must reasonably investigate all indirect disputes received from consumer reporting agencies even if such disputes do not include the entitys preferred format, preferred intake forms, or preferred documentation or forms.

Consumer reporting agencies must provide to the furnisher all relevant information regarding the dispute that it received from the consumer.

Enforcers may bring a claim if a consumer reporting agency fails to promptly provide to the furnisher all relevant information regarding the dispute that the consumer reporting agency receives from the consumer.Through its supervision, the CFPB has found that consumer reporting agencies tend to ingest dispute information from consumers using automated protocols, and they also share dispute information with furnishers electronically.The use of these technologies has reduced the cost and time to transmit relevant information. 
As stated in Advisory Opinion to XXXX ( XXXX ) issued by the Federal Trade Commission : Section 623 ( a ) ( 3 ) of the Fair Credit Reporting Act ( " FCRA '' ) concerns the reporting of information to consumer reporting agencies once the consumer has notified the furnisher that information is disputed. That section states that when a consumer disputes the completeness or accuracy of any information furnished to a consumer reporting agency, the information in question may not then be furnished without notice that it is disputed by the consumer. That provision addresses the furnisher 's obligation only when the furnisher continues to report disputed information. That provision addresses the furnishers obligation only when the furnisher continues to report disputed information. The statute is silent on the matter of the furnisher ceasing to report information while it is investigating the dispute. It is thus the opinion of the Commission staff that a furnisher that temporarily ceases to report disputed information while it investigates the matter, and then either ( 1 ) corrects the information if its investigation results in agreement with the consumer or ( 2 ) reports the item as disputed by the consumer where that is the result of the investigation, would comply with Section 623 ( a ). 

In which XXXX must be compliant and stop reporting to all credit reporting agencies. 
As you had all relevant information by law to investigate such a dispute it has now been more than thirty ( 30 ) days XXXX XXXX had to investigate such a dispute and must delete such inaccurate account for reporting incorrectly and not investigating properly with the F.DC.A.

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 non-monetary relief