Consumer complaint received 2023-04-02
Company: Experian Information Solutions Inc.
State: NY
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: Their investigation did not fix an error on your report

Complaint:
Hello my name is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX AS OF XX/XX/XXXX spoke with XXXX XXXX XXXX at XXXX Special handling at fraud department XXXX XXXX at EXPERIAN I gave them all the identifying information of who I was, including my Social Security number, my address, and answered all security questions that was provided to pass the screening I was told that the fraudulent account and fraudulent inquiries would be removed from my consumer reports still hasnt removed the accounts that are associated with Fraud and thier dad ta breaches with my personal and sensitive information AS I HAVE RECENTLY DISPUTED WITH BOTH CREDIT REPORTING AGENCY AS OF XX/XX/XXXX I have sent over a state. NEW YORK Attorney Generals COMPLAINT ALSO A FTC IDENTITY THEFT AVIDAVIT AND A SWORN AVIDAVIT OF TRUTH AND ALSO XXXX complaint a NEW YORK consumer complaint about the accounts that are reporting on my consumer profile. They stated in my last complaint here with the CFPB that they removed these accounts. That is not the case in the accounts continue to report fraudulently on my consumer profile Im requesting under the 15 USC 1681B c-2 that information that has been procured from identity theft be blocked completely blocked. 15 USC 1681 ( a ) ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy I demand a deletion of all personal identifiable information from my consumer credit report with the exception of : 1. My Full Legal Name : First & Last Name 2. My Address : Address, City, State Zip Please delete all other addresses, I can not receive mail or any correspondence nor do I have access to any of these addresses please delete these utdated ddresses and update the address with the one above.also Delete any and all other phone numbers. 1 demand my social security number and date of birth be removed from being displayed on the credit file for privacy reasons. Delete all information in the employer section. Pursuant to the FAIR CREDIT REPORTING ACT 15 USC 1681 ( a ) ( 4 ), I am a federally protected consumer and I have a right to privacy. Not granting me my rights is in direct violation of 15 USC S1681 and all its subsections all Unauthorized inquiries to my consumer report ; demand for Deletion and {$1000.00} Settlement. yes, these are the associated accounts. FRAUDULENT ACCOUNTS ) XXXX XXXXXXXX XXXX {$5700.00} XX/XX/XXXX Fraudulent Name ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Fraudulent address ) XXXX XXXX XXXX XXXX XXXX XXXX NY, XXXX To : Whom it may concern at EXPERIAN XXXX You are in violation of the Fair Credit Reporting Act ( " FCRA '' ), [ 15 U.S.C 1681b ( a ) 3 ( f ) ( i )., for unlawfully obtaining my EXPERIAN consumer report without my authorization or a permissible purpose under the 15 USC 1681 Fair Credit Reporting Act ( FCRA ] and its guidelines for permissible purpose. " A person shall not use or obtain a consumer report for any purpose unless ; 1. The consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section. XXXX. The purpose is certified in accordance with section 1681b ( f ). Chester v. Purvis, 260 F. Sup 2d 711 ( S.D. Ind. 2003 ). 15 USC {$16000.00} ( c Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding inquiries ; Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any _person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer This is also a cease and desist of, the fraudulent accounts to being reported and any reporting is as such as collection activities. This is my second CFPB complaint with Experian about the issue and accounts FRAUDULENT ACCOUNTS ) XXXX  XXXX XXXX {$5700.00} XX/XX/XXXX Fraudulent Name ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Fraudulent address ) XXXX XXXX XXXX XXXX XXXX XXXX NY, XXXX I am aware that my SSN belongs to the ( SSA ) Social Security Administration and anything purchased with that identifying number is an obligation of the United States in accordance with 18 U.S.C 8 and being that you ( XXXX XXXX CONTINUE TO REPORT FRAUDULENT ACCOUNTS THIS makes you guilty and in violation of the False Claims Act ( FCA ) 31 U.S.C 3729-3733. ( Debt Collector name is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT these companies EXPERIAN/ XXXX /furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data by FRAUDULENT ACCOUNTS ) XXXX XXXXXXXX XXXX {$5700.00} XX/XX/XXXX Fraudulent Name ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Fraudulent address ) XXXX XXXX XXXX XXXXXXXX XXXX XXXX  NY, XXXX consumer report as requested will result in legal matters being taken and me turning you ( EXPERIAN/XXXX/ FRAUDULENT ACCOUNTS ) XXXX XXXX XXXX {$5700.00} XX/XX/XXXX Fraudulent Name ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Fraudulent address ) XXXX XXXX XXXX XXXXXXXX XXXX XXXX NY, XXXX into the ( FTC ) Federal Trade Commission for aggravated identity theft and Fraud. If this matter is not resolved by the time specified above, I reserve the right to commence legal proceedings to recover the damages without further notice to you and this letter may be tendered as evidence of failure to comply.. You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Attorney General 's office and civil claims may be pursued 15 U.S. Code 1681c- 2 - ) Block of information Resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of- ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. ( b ) NOTIFICATION A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) - ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section ; and ( 4 ) of the effective dates of the block ( EXPERIAN/XXXX EXPERIAN/XXXX/Is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT to you ( EXPERIAN furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 10284 This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data by EXPERIAN/XXXX/ ask again of the CFPB TO truly look into the many violations of the FCRA by XXXX including 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 1681i- procedure in case of disputed accuracy, H.R . 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USAPATRIOT Act. Gramm- leach-Bliley Act. XXXX and XXXX have been repeatedly warned about these fraudulent accounts that are on my consumer report. According to the fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify through the physical verification of the original signed consumer contract- any all accounts you post on a credit report. Otherwise, anyone paying for your reporting service could fax, mail or email in a fraudulent account. I demand to see Verifiable proof ( an Original Consumer Contract with my Signature on it ) vou have on file of the account listed below. Your failure to positively verify these accounts hurt my ability to obtain credit. Under the FCRA, Unverified accounts must be removed and if you are unable to provide me with a copy of verifiable proof, you must remove the accounts listed FRAUDULENT ACCOUNTS ) XXXX XXXXXXXX XXXX {$5700.00} XX/XX/XXXX Fraudulent Name ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Fraudulent address ) XXXX XXXX XXXXXXXX XXXX XXXX XXXX NY, XXXX I ask again of the CFPB TO truly look into the many violations of the FCRA by EXPERIAN including 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 1681i- procedure in case of disputed accuracy, H.R . 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USAPATRIOT Act. Gramm-leach-Bliley Act. XXXX and discovery have been repeatedly warned about these fraudulent accounts that are on my consumer report. You are required to do what I am asking and block these transactions from being reported to my consumer report within 4 days from the date of the receipt of this notice. I look forward to your response. 15 U.S. Code 1681n - Civil liability for willful noncompliance U.S. Code Notes prev | next ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of- ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00}. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S. C 1681 section 604 A. Section 2 : It also states a consumer given reporting agency can not furnish an account without my written instruction. 15 U.S.C 1692c 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. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. XXXX5 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. EXPERIAN/FRAUDULENT ACCOUNTS ) XXXX XXXX XXXX {$5700.00} XX/XX/XXXX Fraudulent Name ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Fraudulent address ) XXXX XXXX XXXX XXXXXXXX XXXX XXXX NY XXXX XXXX I ask again of the CFPB TO truly look into the many violations of the FCRA by XXXX including 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 1681i- procedure in case of disputed accuracy, H.R . 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USAPATRIOT Act. Gramm- leach-Bliley Act. XXXX and XXXX have been repeatedly warned about these fraudulent accounts that are on my consumer reports I never gave ( XXXX ) XXXX ) any verbal or written consent to report anything on my consumer report. No consent is Identity Theft. A copy of the law is attached with this dispute. You also do not have any permissible purpose to furnish my personal information to any third party. 15 USC 1681b ( Permissible purpose ) of consumer reports ( a ) IN GENERAL Subiect to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written Instructions of the consumer to whom it relates. As a consumer, I am demanding a deletion of all associated accounts here in this complaint person shall not use or obtain a consumer report for any purpose unless ; 1. The consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section. 2. The purpose is certified in accordance with section 1681b ( f ). Chester v. Purvis, 260 F. Sup 2d
711 ( S.D. Ind. 2003 ). 15 USC S 16816 ( c Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding ( collection ) Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any_person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer 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. 15USC 1681a ( 2 ) ( I ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section ( 1681s3 ) of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( 15 USC 1681 ( 3 ) ( e ) investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer ). A copy of the consumer credit contract is not sufficient to validate the debt. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. Pacific Concrete F.C.U v. Kauanoe, 62 Haw. 334, 614 P. 2d 936 ( 1980 ), GE Capital Hawaii , Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32, ( Hawaii App 2001 ), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr . 371, ( Conn. Super.2000 ), and Town of Brookfield v. Candlewood Shores Estates , Inc. 513 A.2d 1218, 201 Conn.l ( 1986 ). and Solon v. Godbole, 163 III. App. 3d 845, 114 III. Dec. 890,516 N. E.2d 1045 ( 3Dist. 1987 ). UCC 9-201 ~ Request for accounting F.R.C.P. ( F.R.E. ) 1002 says you are entitled to the original which can never be produced because it was destroyed when the federal reserve bought your application for credit. XXXX XXXX is also in multiple violations and egregious acts in a grotesque, mismanagement and handling of identity sensitive personal information and data. 15 USC 1692c ( b ) ( 15 U.S. code 1681s-2 ) Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ),

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