Consumer complaint received 2018-06-10
Company: Advanced Resolution Services Inc.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Public record information inaccurate

Complaint:
Since XX/XX/XXXX and onXX/XX/XXXX, I have disputed the incorrect and invalidated Chapter XXXX  Bankruptcy Advanced Resolution Services , Inc. ( ARS Inc. ) has listed under my social security and again and again ADVANCED RESOLUTION SERVICES, INC. ( ARS INC. ) alleges that it verified the reported Bankruptcy using on online system called XXXX and that ARS deems this online system of verification reasonable. ARS claimed it determined the accuracy of the information ARS reported on my credit file by using the truncated /redacted social security number on record and matching it with the social security number provided on my request for validation.

The application of the Bankruptcy Rule 9037 makes using the truncated/redacted Statement of Social Security as a verifying tool very deceptive and very inaccurate and incomplete as ARS has not followed the due process outlined under the Fair Credit Reporting Act, to have access to the original petition and documents and complete information to truly validate their reporting.

Furthermore, ARS stated in his XX/XX/XXXX response ( see attached ) that it finds my request for validation using the recommended process mandated under the Fair Credit Reporting Act which requires ARS to validate all reported public record/Bankruptcy information directly with the Bankruptcy Court and Not through any online database, frivolous. If I understand ARS statement ; it is stating that it finds the process the Fair Credit Reporting Act required ARS to use when information validation is requested by consumers frivolous. In addition, ARS refused to properly validate and verify the inaccurate public record it put on my credit file directly with the Bankruptcy Court and is now asking/requiring me to send a signed and notarized statement in order for ARS to investigate the disputed information ( see attached -ARS letter dated XX/XX/XXXX, last paragraph ).

First of all, nothing in the Fair Credit Reporting Act permits a credit bureau to require ANY consumer to send a signed and notarized statement in order for that creditor or credit bureau to investigate the disputed information. I would like to put ARS on notice that by what they've just suggested, they are taking themselves down a very nasty path that will legally come back to bite them where it hurts, I assure you.

ARS recent claim that the Bankruptcy information they are reporting under my name has been reasonably verified through their online system is seriously disputed. What ARS has done is keeping inaccurate, misleading information on my credit file and this is a blatant violation of the Fair Credit Reporting Act.

Per the Federal Credit Reporting Act, Section 609 ( a ) ( 1 ) ( a ), you are required by federal law to verify through physical verification of the original signed consumer documents and/or judgment ( s ). Advanced Resolution Services, Inc. needs to provide me with copies of all documentation associated with this alleged Public Record Account bearing either a court order to place this information on my credit report, or my authorization of release bearing my signature including the complete social security statement and NOT a truncated/Redacted copy.

Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested, to be provided within fifteen ( 15 ) days of the completion of your re-investigation.

Additionally, please provide the Bankruptcy Court Clerks name, the name, address, and telephone number of each person contacted at the Bankruptcy Court regarding this alleged account. I am formally requesting a copy of any completely verified and accurate documentation provided during this validation with the Bankruptcy Court.

Per the FCRA 623 ( a ) ( 5 ) : If the Credit Bureau can not VALIDATE the information with the ORIGINAL CREDITOR or SOURCE in this case which is the Bankruptcy Court, they must remove said information from the consumer credit file. Otherwise, anyone paying for your reporting services could fax, mail, email in fraudulent and erroneous account information.

By ARS maintaining incorrect and inaccurate reporting on my credit file is a serious violation of the Fair Credit Reporting Act Sections : 609 ( a ) ( 1 ) ( a ), the FCRA Section 623 ( a ) ( 5 ). ( ARS INC. ) ADVANCED RESOLUTION SERVICES, INC. ( ARS INC. ) Claimed that the Bankruptcy Court reported that alleged bankruptcy under my social security. My inquiry to the U. S. Bankruptcy Courts confirmed the Bankruptcy Court Never reported any alleged Bankruptcy under my social security and that ADVANCED RESOLUTION SERVICES, INC. ( ARS INC. ) NEVER CONTACTED THE Bankruptcy Court and ADVANCED RESOLUTION SERVICES , INC. ( ARS INC. ) has never validated and verified this allege bankruptcy record entries on my credit report. The Bankruptcy Court 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. ( See attached letter from the Bankruptcy Court ). Considering the information indicating a Fair Credit Reporting Act violation. I have repeatedly asked ADVANCED RESOLUTION SERVICES, INC. ( ARS INC. ) to PERMANENTLY DELETE all bankruptcy information currently showing under my social security number from my credit report immediately but ADVANCED RESOLUTION SERVICES , INC. ( ARS INC. ) refused and continued to report inaccurate and unverifiable and unvalidated information on my credit report.

The Bankruptcy Court mailed me letters which emphatically stated that they do NOT provide any information to credit reporting agencies, nor do they ever validate and/or confirm public records. It is the credit reporting agencies, and/or other third-party providers who collect information regarding public cases from public records. Public records information is NEVER validated by the U. S. Court system due to the Fair Credit Reporting Agency PRIVACY LAW. This is my Last Attempt for ADVANCED RESOLUTION SERVICES, INC. ( ARS INC. ) to correct their record and stop their non-compliance I need all bankruptcy information currently showing under my social security number to be IMEDIATELY and PERMANENTLY DELETED from my credit report.

Be further advised that I am closely monitoring my credit file. Per Federal Law, you have exactly 30 days to complete this investigation as outlined per the Fair Credit Reporting Act 623 ( a ) ( 3 ). As such, if this unauthorized public record information is not deleted from my credit report within the next 30 days, I will be filing a complaint to the Federal Trade Commission, Consumer Financial Protection Bureau and Attorney Generals Office. Failure to respond in a satisfactory manner within 30 days of receipt of this certified letter will result in a small claims action against the ADVANCED RESOLUTION SERVICES, INC. ( ARS INC. ) I will be seeking no less than {$5000.00} in damages for, but not limited to : 1 ) Defamation ; 2 ) Negligent Enhancement of Identity Fraud ; 3 ) Violation of the Fair Credit Reporting Act and Consumer Financial Protection Bureau.

There is currently some inaccurate reporting on my credit report as a result of Identity Theft and Advanced Resolution Services , Inc. ( ARS Inc. ) is hereby put on notice to stop violating the Fair Credit Reporting Act and respect and follow the law by performing a proper validation of information it reported under my credit File as instructed by the Fair Credit Reporting Act.

A copy of my Identity Theft Police Report is attached and Proper and physical validation with the Bankruptcy Court is hereby requested and if ADVANCED RESOLUTION SERVICES, INC. ( ARS INC. ) continues to violate my rights and the FCRA and still maintains these unverifiable, inaccurate and erroneous accounts under my social security number, I will have no recourse but to file a suit. ADVANCED RESOLUTION SERVICES, INC. ( ARS INC. ) is damaging my credit and hurting my ability to obtain financing and causing me harm. I will have no recourse but to file a suit in a federal court Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation