Consumer complaint received 2017-06-11
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: FL
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:
This is a re-opening of  XXXX . TransUnion 's response to that complaint in no way addresses the issue at hand. In response to my complaint that they were continuing to list an illegal tradeline on my credit report, TransUnion replied " In response to the investigations, the disputed information was verified or updated accordingly along with your name, address, date of birth and Social Security number ''. The complaint was that the alleged debt being reported is illegal and invalid . Again, Tr ansUnion simply sent an e-verification to the illegal lender allegedly confirming my name. The complaint is that reporting of an illegal tradeline is a violation of the Fair Credit Reporting Act.  <P/> These are the basic facts of the issue : The Florida Consumer Finance Act, Title  XXXIII, Chapter 516.02 states : ( 1 ) '' A person must not engage in the business of making consumer finance loans unless she  or he is authorized to do so under this chapter or other statutes and unless the person first obtains a license from the office. ''  XXXX   XXXX   XXXX   XXXX  does NOT hold a valid consumer loan license in Florida. By this statute alone, this alleged debt is invalid.  <P/> Further, Chapter  516.02 ( 2 ) states : ( 2 ) " A person who is engaged in the business of making loans of money, except as authorized by this chapter or other statutes of this state, may not directly or indirectly charge, contract for, or receive any interest or consideration greater than 18 percent per annum upon the loan ''   XXXX   XXXX   XXXX   XXXX   website advertises "   XXXX   XXXX   XXXX    customers typically qualify for an installment loan  of {$100.00} to {$1000.00} with an APR of 328.11 % to 448.76 %. '' Again, this single usury violation renders the alleged debt invalid.  <P/> Chapter  516.02 ( 2c ) goes on to state : " A loan for which a greater rate of interest or charge than is allowed by this chapter has been contracted for or received, wherever made, is not enforceable in this state, and each person who in any manner participates therein in this state is subject to this chapter. '' As evidenced by the above, this alleged loan is " not enforceable '' and thereby, illegal to be listed as valid debt by TransUnion.   <P/> Finally, please review the attached correspondence from  XXXX   XXXX . In this communication, they clearly state the alleged account has a balance of {$280.00}, however, after filing more than 5 disputes demanding validation, TransUnion continues to report a balance of {$1600.00}. This alone is evidence that the account has not been validated properly as required by law. Also, you will see that they have again provided no validation of the alleged debt and invoked tribal immunity from compliance with the law.  <P/> In summary, this alleged debt with  XXXX   XXXX   XXXX   XXXX  is illegal on multiple levels. A loan from an unlicensed lender in the state of Florida is invalid, unenforcable, and uncollectable under Florida  Statue 516 of the FL Con sumer Finance Act as is any loan with an APR exceeding 18 %.  XXXX   XXXX  is continuing to report and attempt to collect on this debt illegally by claiming tribal immunity from state laws.  <P/> TransUnion however is bound by the FCRA to remove this tradeline based on the fact that it is illegal and therefore invalid. The FCRA states that invalid tradelines must be removed. TransUnion 's continued refusal to properly investigate this account is a willful violation of the FCRA. Simply sending electronic verification requests for my name and address to the illegal lender is not an acceptable " investigation '' of this dispute. I am not asking for yet another request to verify my name or any other information about the alleged account. I am disputing this tradeline on the grounds that it is illegal and invalid and by law must be removed. To date, TransUnion remains the only major credit reporting agency who refuses to adhere to the law and remove and block this tradeline.

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