Consumer complaint received 2023-10-11
Company: Experian Information Solutions Inc.
State: NY
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:
Hello, Im XXXX and I am writing to inform you about a very alarming and important issue regarding the compromise of my social security number, which has resulted in me being a victim of a data breach and identity theft. To address this situation promptly, I have already contacted the Federal Trade Commission and filed an FTC Report with the reference number : XXXX, which is enclosed with this correspondence.

In accordance with 15 USC 1681c-2 c ( a ), it is imperative that the credit reporting agency take immediate action to block and remove all information associated with this identity theft from my credit report. This statute mandates that credit reporting agencies must promptly address such requests within four business days of receiving a complaint that includes the following information : XX/XX/XXXX - Account # XXXX - {$620.00} XXXXXX/XX/XXXX- Account # XXXX - {$1300.00} XX/XX/XXXX - Account # XXXX - {$960.00} XXXX XX/XX/XXXX- Account # XXXX - {$5600.00} XX/XX/XXXX- Account # XXXX - {$4200.00} XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX - Unknown Inquiry XX/XX/XXXXXX/XX/XXXX - Unknown Inquiry I want to emphasize the gravity of this matter and my expectation for a prompt and effective response. Failure to respond satisfactorily will compel me to pursue legal action against your agency, as allowed under the law. Please be advised that I will seek damages, including but not limited to, statutory costs, with each violation incurring a statutory cost of {$1000.00}, as specified in 15 U.S.C 1692k.

1. Defamation of Character 2. Negligent Enhancement of Identity Fraud 3. Violation of the Fair Credit Reporting Act 4. Violation under 15 U.S. Code 1681o - Civil liability for negligent non compliance 5. Violation under 15 US Code 1681n ( b ) - Civil liability for willful non-compliance 6. Failing to comply with 15 USC 1692 ( g ) 7. Violation under 15 U.S. Code 1681b Permissible purposes of consumer reports 8. Under 15 U.S.C. 1681i ( 7 ) Method of verification 9. Violations under 15 USC 1681 a ( 4 ) right to privacy 10. Violations under 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports I am taking this matter very seriously, and I demand that you take immediate action to block and remove the fraudulent account from my credit report. I have provided all the necessary information to facilitate this process. I kindly request that you acknowledge this letter and provide a timeline for the resolution of this issue.

Your prompt attention to this matter is greatly appreciated.

Also, I did not consent to authorize the sharing of my non public information. The reporting of the information is NOT fair and equitable to me as the consumer.

15 USC 1681 section 602 A states I have the right to privacy.

15 USC 1681 Section 604 A Section 2 also states a consumer reporting agency can not furnish an account without my written instructions.

15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

Also, they aren't even in compliance with Metro 2 credit reporting. I have evidence to prove my case!

*** Notice of Warning for Any Delay in Processing by Credit Bureaus *** I am aware of your attempts to delay the processing of many consumer 's disputes and challenges based on your belief that some consumers are working with a third-party such as a credit repair company. Your delay is illegal, as it is the right of all consumers to work with such a company if they so choose, and you have no legal basis for delaying the processing of those letters. 

However, let me make it clear that my letters using were created using applicable software and regulations available to ALL consumers, and that this is your notice that ANY DELAY IN THE PROCESSING OF MY LETTERS IS A VIOLATION OF 15 U.S. Code 1681i, which sets forth the procedure in which a Consumer Reporting Agency must investigate a consumer 's reasonable dispute, and lists out the exceptions, and will be considered willfull disregard of my rights as a consumer and will be forwarded to my attorney for litigation purposes. There is no such exception that would legally allow you to delay the processing of a consumer 's letters to you based on an unfounded assumption that assistance from a third party may exist.

Please be advised that any and all letters you receive bearing my name have either been prepared by me or by my advisors on my behalf with my full knowledge and consent. Also be advised that I am aware that no statute in the FCRA suggests that a Power of Attorney must be provided to you, or that without said Power of Attorney documentation you are allowed to delay the processing of a consumer 's letters to you.

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