Consumer complaint received 2018-03-26
Company: Experian Information Solutions Inc.
State: CA
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:
On XX/XX/XXXX and XX/XX/XXXX, two certified mail return receipt requested letters were sent out to Experian indicating that I wanted to have an alleged bankruptcy filing be looked into that dated back to the year XX/XX/XXXX. This alleged bankruptcy filing is out of the US Bankruptcy court in XXXX XXXX, California. I asked Experian to validate and verify this alleged court filing. On both occasions they have failed to provide me with any VIABLE EVIDENCE. I requested to see documentation bearing my signature, or a physically signed court order by a judge, or even a physically signed bankruptcy petition bearing my signature. I received nothing to physically have this debt verified by the source, which in this case would be the US Bankruptcy Court in XXXX XXXX, California. Instead I receive generic letters from Experian telling me on the first time that they will not investigate something that was already investigated by them a while back, and on the second letter, I received a response stating that they have VERIFIED this debt with the source of the information, and if I didn't agree with their findings, then I can contact the source of this information. Mind you, neither time did I receive what I had asked them for, which was viable evidence that connects me to this court filing. I did not feel that they conducted a REASONABLE INVESTIGATION as outlined in the FCRA, nor was I supplied any hard, physical documentation that would prove that this did, or did not, belong to me ; also another violation of the FCRA sections 609 ( a ) ( 1 ) ( A ).

Per Experian 's suggestion, I contacted the Bankruptcy court by mail and by telephone to inquire about their procedures in verifying anything with the credit bureaus, etc ... The court told me that they do NOT verify anything with the credit bureaus and that they are NOT responsible for their actions. This is their policy so that they can be in compliance with Federal Privacy Laws that are currently in place. With that being said, I find Experian to be in yet another FCRA violation, the law clearly states that verification needs to come from the source in order for it to be valid, but in this case, or any case pertaining to a court house, Experian did not verify, or validate this court filing with the court house ( source ), and yet they are still sending me letters to my disputes which state that they have verified my request for the validity of this court filing. Furthermore, I hardly would consider XXXX XXXX, or any other third party reporting agency, a viable means to verify my dispute and my request for physical verification of this court filing. IT IS NOT. Either way, I have opted out of XXXX XXXX XXXX  information sharing, or suppression, as I believe they call it in light of Equifax 's data breach, which I was a victim of. So, how is it that Experian is receiving ANY information from lexis nexis regarding anything that has to do with me in the first place? I have opted out. And I have proof of that. I was approved for the suppression of my file with them. This would go for ANYBODY, asides from law enforcement, to be able to receive my information from them.

So, if the court isn't verifying, or validating anything with the credit bureaus, and XXXX XXXX, Clarity, Pacer, and a bunch of other third party reporting agencies have been opted out from their information sharing/suppression, then how have you reasonably, and legally verified this alleged court filing? With whom? As of right now, I have you on several violations of the FCRA, and I also have you on yet another violation too. This other violation is that you have failed on every written response to have you investigate, dispute, and validate this court filing, you have blatantly failed to indicate on my credit file with you that this item is currently under dispute. In fact, as of today, it's still not their. I have enclosed evidence of such. I have also enclosed evidence of everything else that I am claiming here. This other FCRA violation would be out of section FCRA 605 ( f ).

As it stands right now, you are in violation of the following FCRA sections : 605 ( f ) ; 609 ( a ) ( 1 ) ( A ) ; and 611 ( a ) ( 5 ) ( A ). Also, I have you for Defamation, willingness to enable identity fraud, and Negligent reporting. You have willingly refused to do anything that I have requested of you to seek proper verification of this court filing, and I will file a lawsuit if this item is not rectified, and immediately deleted from my credit file with you. You have had almost 60 days to verify with hard, viable, physical evidence that this is indeed my court item, and you have not been able to successfully do so. I want this item removed from my credit report with you immediately. You've had more than enough time, and you are well past your 30 days as required by federal law. Thank you.

One last thing, I have also opted out of any forced arbitration that may have been in effect with you. You signed for that certified mail letter as well. Thanks.

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