Consumer complaint received 2023-04-17
Company: LFG Data Services Holdings, LP
State: IL
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:
To Whom It May Concern, I am writing this letter to express concerns about your organization 's apparent violation of my rights under local and state. This correspondence serves as a final notice and a clear and unequivocal warning that legal action will be pursued should your organization continue to violate my rights willfully and negligently. 

I discovered that you have sold my personal information, including bankruptcy records, to XXXX without my express written consent. This action contravenes 15 U.S.C. 1681b ( 2 ), which explicitly requires a permissible purpose for the dissemination of consumer information. Such unauthorized sale and dissemination of my personal information constitute a violation of my rights under the Fair Credit Reporting Act ( FCRA ) and the Illinois Consumer Fraud and Deceptive Business Practices Act ( ICFA ). 

Your actions as a data furnisher infringe upon my right to privacy and constitute aggravated identity theft under 18 U.S. Code 1028A. This statute establishes that knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to a felony violation enumerated in the statute, can result in a term of imprisonment of two years in addition to the punishment provided for the underlying felony. 

Despite my previous requests to have the unauthorized bankruptcy record removed from my consumer file, your organization has refused to comply. This refusal violates the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 et seq and constitutes an infringement of my rights under the Illinois Consumer Fraud and Deceptive Business Practices Act ( ICFA ), 815 ILCS 505/1 et seq.

Moreover, your purported reliance on XXXX as a source of information is entirely misplaced. The United States Bankruptcy Court has expressly disclaimed any responsibility for reporting information to consumer reporting agencies or verifying the accuracy of such information. By maintaining and disseminating unverified, uncertified information obtained from XXXX, you effectively carry and provide information that can not be certified as accurate because the courts do not certify such data. 


As a result, you have breached your obligations under 15 U.S.C. 1681i ( a ) ( 7 ) to provide the method of verification upon request.

Your continued defiance of my requests for the removal of the bankruptcy records and your failure to adhere to the requirements of the FCRA have exposed you to liability under 15 U.S.C. 1681n and 1681o. Rest assured that Im fully prepared to enforce my rights in a court of law if your organization persists in its refusal to comply with these statutory provisions. 

Considering the preceding, I demand that you immediately delete the bankruptcy records from my consumer file and cease any further dissemination or sale of my personal information without my express written consent, pursuant to 15 U.S.C. 1681b ( 2 ). 

Be advised that should you fail to comply with this demand within ten ( 10 ) days of receipt of this notice ; I reserve the right to initiate litigation and seek all available remedies under the FCRA, ICFA, and any other applicable state and federal laws. Furthermore, I will be entitled to recover attorneys ' fees, costs, and expenses incurred in connection with any such litigation, as provided under 15 U.S.C. 1681n ( a ) ( 3 ) and 815 ILCS 505/10a ( c ).

Take this final warning as an opportunity to rectify the situation and avoid the time-consuming and costly litigation that will undoubtedly follow if you refuse to act in accordance with the law. Rest assured that Im fully prepared to pursue all available legal avenues to protect his rights and secure the relief to which he is entitled under state and federal law. 

Your prompt attention to this matter is of the utmost importance. Failure to comply with the demands outlined in this notice within the specified ten ( 10 ) day period will result in the commencement of legal action against your organization without further notice. 

Please confirm in writing your compliance with this request, including the deletion of the bankruptcy records from my client 's consumer file and an assurance that his personal information will not be sold or disseminated without his express written consent, as required by 15 U.S.C. 1681b ( 2 ).

If your organization fails to comply with the demands outlined in this notice within the specified ten ( 10 ) day period, please be advised Im fully prepared to have legal counsel commence litigation to protect my rights and secure the relief to which Im entitled under state and federal law. Your immediate attention and compliance with these demands are expected to avoid further legal action.

Company response to consumer: Closed with explanation