Consumer complaint received 2018-03-01
Company: Experian Information Solutions Inc.
State: AZ
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Problem with personal statement of dispute

Complaint:
At the beginning of XX/XX/XXXX, I sent Experian a letter asking to validate the debt they are reporting on my credit report. I asked them to validate the following accounts : 1. XXXX XXXX XXXX| Account number : XXXX| for {$4000.00} At the end of XX/XX/XXXX, I received an email that said the debt for XXXX XXXX XXXX was validated. One, by law they have to send me physical documents that it is a valid debt to collect on and report on my credit report. Since they did not I am under the impression they can't validate it, which means they need to remove it from my report immediately. Two, I sent the same dispute to XXXX who was reporting it also, since they couldn't validate the debt they removed it. So, if XXXX  can't get the creditor to validate it neither can Experian. 

So, on XX/XX/XXXX I sent a final letter to Experian. Below is the letter : _____________________________________________________________________. 
Experian, I am making a final good will attempt to have you clear up this matter. The accounts you sent back verified are entirely inaccurate, incomplete, and represent a very serious error in your reporting. Also be advised that this is my second time contacting your company about this matter in writing. Your company is in violation of 15 U.S.C. 1681. No need for me to go into detail and tell you the law. Your company KNOWS for a fact that you are required under the FCRA to have properly verified the accuracy of an account listed on my credit report with physical documents. As I am sure that you are well aware, current Federal case law states that, Consumer Reporting Agencies bear grave responsibilities to ensure the accuracy of the accounts they report on and their responsibility must consist of something more than merely parroting information received from other sources. That basically means that you cant just verify my account by telling me it is verified. Nor can you verify my account by telling me you contacted the creditor and the account I disputed is Verified. This means that IF you cant send me proof of these accounts from YOUR COMPANY, it must come off. All in all, you have ignored my request to provide me with the documents that you have in your files that were used to verify the disputed accounts, which means that you have NOT verified or you can not verify any of these accounts and under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly delete all information which can not be verified. 

This law is as clear as daylight, as to the civil liability and the remedy available to me for negligent noncompliance ( Section 617 ) if you fail to comply with this Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. I demand the following accounts be verified or deleted immediately : Account name : XXXX XXXX XXXX. 
Reason : You failed to verify and validate all data for this account, every notation, dates and balances. This account needs to be removed IMMEDIATELY via FCRA section 611.

The following landlord tenant acts have been violated by XXXX XXXX. Below are the following : 33-1322. Disclosure and tender of written rental agreement : The Landlord has failed to identify the dwelling unit on initial contract. Therefore, it is void. 

If your company, Experian, fails to comply with federal regulations by credit reporting agencies, you will be required to appear in a court venue local to me, in order to formally defend yourself. I will also have your company investigated by the Federal Trade Commission ( see 15 USC 41, et seq. ). I am also maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the Attorney Generals office, should you continue in your non-compliance. I further remind you that, as in XXXX XXXX XXXX XXXX XXXX No. XXXX ( C.D.Cal. XXXX XXXX, XXXX ), you may be liable for your willful non-compliance. This is not legal advice. I do not offer legal advice. If you need legal advice seek yourself an attorney or counsel. Please be advised, the information I am about to share with you is for educational, informational and entertainment purposes only. Failure to respond satisfactorily within 30 days of receipt of this certified letter will result in a small claims action against your company. I will be seeking {$5000.00} in damages for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violation of the Fair Credit Reporting Act By provisions of the Fair Credit Reporting Act, I demand that these items be investigated and removed from my credit report IMMEDIATELY. It is my understanding that you will recheck these items with the creditor who posted them. Please send an updated copy of my report to the above address. 

Sincerely, XXXX XXXX I. NOTARY ACKNOWLEDGEMENT Attachment : 1 ) Copy of my Social Security Card 2 ) Copy of my Drivers License 3 ) Copy of my Utility Bill I, hereby, attest that, to the best of my knowledge and belief the above information is true and correct. 
_____________________________________________________________________ It is now XX/XX/XXXX and the account has not been removed off my credit report. As well, throughout XX/XX/XXXX I sent many letters to Experian asking them to validate the debt of the following accounts : 1. XXXX XXXX XXXX  XXXX Account number:XXXX   2. XXXX XXXX Account number : XXXX XXXX. XXXX XXXX Account number:XXXX I received no proof back that they could validate the debt and it's a year later. They have not removed the debt on the three accounts listed above. They are still reporting on my credit report.

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