Consumer complaint received 2023-02-06
Company: Experian Information Solutions Inc.
State: VA
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:
THIS IS NOT A DUPLICATE COMPLAINT, THIS IS NOT A DUPLICATE COMPLAINT! 




I am over XXXX years of age, under no XXXX and fully competent to give this Affidavit. This Affidavit is based on my personal knowledge that the facts set forth herein as duly noted below are true, correct, complete, and presented in good faith regarding the account listed as XXXX XXXX of purported loan/account number/I.D. of : XXXX or any derivative thereof with XXXX XXXXXXXX or any derivative thereof with XXXX hereinafter CREDITOR as defined under 12 CFR 226.2 ( 17 ) ( v ). The undersigned, XXXX XXXX, a natural person pursuant to 15 USC 1602 ( e ), hereinafter Affiant does herewith assert and declare on Affiants unlimited liability that Affiant issues this INFRINGED UPON CONSUMER RIGHTS VIOLATIONS AFFIDAVIT with sincere intent, that Affiant is competent to testify and state the matters set forth herein and is willing to testify with firsthand knowledge, all contents herein are true, correct, and complete in accordance with Affiants knowledge, understanding, and intent. Affiant is of sound mind, and over the age of twenty-one. Affiant reserves all rights. Affiant being unschooled in law, and who has no bar attorney, without an attorney, and having never been represented by an attorney, and does not waive counsel, knowingly and willingly Declares and duly affirms : Victim Information My full legal name is XXXX XXXX My date of birth is XX/XX/XXXX My social security number is XXXX. My driver 's license or identification card state and number is XXXX My current address is XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXXXXXX. I have utilized this address since XXXX. My daytime telephone number is XXXX My evening telephone number is XXXX. HOW THE INFRINGED UPON CONSUMERS RIGHTS OCCURRED 1. This Affidavit concerns the CREDITOR furnished inaccurate and incomplete information to the credit bureaus. Affiant recently discovered some more of the numerous acts of violations infringing upon a consumer 's right to privacy the CREDITOR committed against me as Affiant and of the body politic and/or public general, including without limitation, the following abridged list of violations committed at the behest of CREDITOR. 2. Pursuant to 15 usc 1681 ( a ) ( 1 ) The banking system is dependent upon my consumer report being fair, and accurate. After taking a look at my consumer report I realized my report was inaccurate, and this inaccurate report is unfair to me because I was never notified when this inaccurate information was furnished, and I was never notified when during your companies ' initial investigation that you were going to report this information. This is a violation Pursuant to 15usc 1681 ( a ) ( 1 ) 3. Pursuant to 15usc 1681 ( a ) ( 1 ) - This grave error has undermined my confidence in your companies ' procedures, and as a result of this I will no longer be extending credit, and if this information is not removed, I no longer wasnt my information reported in your companies database. 4. Pursuant to 15usc 1681 ( a ) ( 2 ) - Your company is a powerless elaborate mechanism. This mishap that your company has caused has ruined my reputation, and it has adversely affected my credit worthiness. 5. Pursuant to 15usc 1681 ( a ) ( 3 ) - Your company assumed this role. You were not given express permission by me, the consumer, or a competent court of jurisdiction. So, not only did you fail in the initial investigation of this information. You also assumed this role, and assumed this information was valid. Which is a violation of my consumer rights. Pursuant to 15usc 1681 ( a ) ( 3 ) 6. Pursuant to 15usc 1681 ( a ) ( 4 ) - You did not insure this information is accurate, and you did not exercise your grave responsibility with fairness and impartiality. You took one side of the story, and never consulted with me to find out if this transaction even took place. As a result of this my privacy was breached, and this violated my right to privacy. ( See Exhibit A ) 7. Pursuant to 15usc 1681a ( d ) ( 2 ) ( A ) ( i ) - Congress makes it that a consumer report should NOT include transactions between consumer and the person making the report. This alleged transaction that you are reporting, and failed to investigate, whether or not it factually took place, can be categorized as a transaction that took place between the consumer, and the person making the report. Which means it should not be included in my consumer report, and in fact is a violation of my consumer rights. Pursuant to 15usc 1681a ( d ) ( 2 ) ( A ) ( i ) 8. Pursuant to 15usc 1681a ( d ) ( 2 ) ( A ) ( iii ) - In your initial investigation I was never given the opportunity to deny this information being communicated on my consumer report. This is in fact is another violation. Pursuant to 15usc 1681a ( d ) ( 2 ) ( A ) ( iii ). 9. Pursuant to 15 usc 1681a ( 8 ) - Any authorization of a specific extension of credit card or similar device should be excluded from my consumer report. This alleged transaction that you company clearly did not investigate is categorized as a transaction that was issued from a credit card. Credit card as defined under 15 usc 1602 ( I ) ( definition attached and highlighted in Exhibit B. ) 10. Pursuant to 15usc 1681 ( a ) ( 4 ) ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING The Congress makes the following findings : ( 1 ) The banking sytem is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assured a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy, 11. Congress makes it clear that a consumer has the right to privacy. They never define what privacy is because only the CONSUMER can define what privacy is to the CONSUMER I am stating that the account listed on my consumer credit profile is private and should not have been disclosed by 3rd party creditors which are listed in this affidavit as stated above EXPERIAN CREDIT BUREAU. 12. CREDITOR failed to provide permissible purposes of consumer reports this is violation of 15 usc 1681b ( a ) ( 2 ) ( a ) In General Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 13. Affiant is a victim of INFRINGEMENT UPON A CONSUMERS RIGHTS. EXPERIAN CREDIT BUREAU did not have permissible purpose nor did they have my written instruction. I did not provide them with written instruction and documentation does not exist allowing permissible purpose, if so you have 4 days from the receipt of this affidavit to provide such documentation. Failure to provide these documents requires immediate deletion of this purported loan/account number/I.D./bankruptcy/repossession/ of : XXXX or any derivative thereof with XXXX XXXXXXXX or any derivative thereof with XXXX hereinafter CREDITOR as defined under 12 CFR 226.2 ( 17 ) ( v ) Failure to remove each negative item from my consumer report will result in a fine in the excess amount of more than 5,000 dollars. for each violation. 14. PRIVACY ACT This written communication constitutes Affiant due process notice for being heard absent compliance with all requirements set forth herein CREDITOR, are barred from using any defense of immunity from prosecution for CREDITOR act, actions and omission, including their principal agent assigns, employees and the like. 15. By this Notice CREDITOR including their principal agent, assigns, employee shall comply with the provision of the Gramm-Leach-Bliely Act. [ 15 USC section 6802 ] Obligation with respect to disclosure of personal information ( a ) Notice Requirements ( b ) Opt Out for assisting the consumer in keeping inviolate certain constitutional protected privacy rights and guarantees, and from preventing encroachment thereon. 16. By this Notice CREDITOR including but not limited to principal agent, assigns, employees, failed to provide Affiant with a copy of any express written authorization and OPT OUT NOTICE pursuant to 15 USC 6802, whereby CREDITOR was authorized for disclosing/divulging/sharing Affiants credit card as defined under 15 USC 1602 ( l ) a/k/a social security number or social security card with any third party in any manner, as well as by means of communication, any information, documentation, data, property, effects and the like re Affiant. CREDITOR failure in providing said authorization and OPT OUT NOTICE pursuant to 15 USC 6802 constitute CREDITOR are in violation of including but not limited to Gram-Leach-Biliely . 17. CREDITOR possesses neither express, written authorization, OPT OUT NOTICE pursuant to 15 USC 6802, nor consent from Affiant for using revealing/disclosing/ divulging/sharing with any third party any secured information, documentation, data, property effect, and the like of Affiant. 18. CREDITOR knowingly and intentionally violated the Gramm-Leach-Bliely Act 15 USC 6801, 6802 and is criminally liable for a fine in accordance with title 18 or imprisoned for not more than 5 years or both pursuant to 15 USC section 6823 and 18 USC section 248. 19. Affiants Affidavit is binding upon every principal agent, assignee, employer, employee and the like, re the subject matter set forth herein and herewith, and each and every principal and agents is : ( a ) Barred from providing any Credit Reporting Agency and derogatory credit information regarding the above reference debt ( s ) and inquiry. ( b ) Prohibited from contacting any other third party regarding the above reference alleged debt, have established the existence of a bonafide, lawful verifiable claim in substance and in fact until such alleged debt is verified as indicated herein and herewith. 20. Congress has also advised against the request, disclosure, and use of social security numbers as a unique identifier for records or in the issuance of credit for any purpose outside of Public Health and Welfare ( Social Security Retirement ) disclosure and uses. The Social Security Act in a codified chapter 42 US Code 408. Penalties subsection ( 8 ). In general whoever discloses, uses, or compels the disclosures of the social security number of any person in violation of the United States, shall be fined under title 18 or imprisoned for not more that five years or both. 21. Affiant is a victim as defined under 15 USC 1681g ( 3 ) ( 11 ) which means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of the consumer, with the intent to commit, or to aid or abet, and identity theft or a similar crime. 22. Affiant is a victim of identity theft, Affiant never authorized CREDITOR to use or transferred Affiant identification ( Credit Card as defined under 15 USC 1602 ( l ) a/k/a social security number or social security card ) for the purpose of obtaining money and property on credit. CREDITOR lack of authorization means IDENTITY THEFT pursuant to 15 USC 1681a ( a ) ( 3 ). 23. Any man or woman having first hand knowledge of all the facts asserted herein and having absolute power and authority to rebut this affidavit must rebut each and every point separately with the rebutting partys own signature and endorsement notarized, under the penalty of perjury and willing to testify, and executed as true, correct, and complete with positive proof attached. Absent positive proof any rebuttal shall be deemed null and void having no force or effect, thereby waiving any of CREDITOR immunities or defenses. 24. Any rebuttal shall be mailed to the undersigned and the Notary address within ten ( 10 ) calendar days of CREDITOR receipt of this affidavit. 25. When a rebuttal is not received by both the Affiant and the Notary within 10 days this entire Affidavit and default provisions shall be deemed true and correct. 26. CREDITOR further agrees and consents to this administrative notice and default under this affidavit as clear and convincing evidence and proof of the facts asserted herein : 27. CREDITOR agrees to pursuant to Federal Law CREDITOR provide Affiant, copies of the transaction details and business records in CREDITOR control, relating to the fraudulent transaction. A copy of the relevant law is enclosed. 28. CREDITOR agrees to information furnished on Experian, XXXX, XXXX, and XXXX be deleted from credit report. I am absolutely tired of these credit reporting agencies not properly following the law, it is defamation of character. They fail to follow the proper procedures required by law to report information to our consumer reports due to this failure. It has cost me my lively hood, I can not get approved for anything! I can not get approved for a mortgage, I can not get approved for a car loan or even a credit card! These companies think they can just keep bullying consumers around with all the technology they have, well they need to learn to follow the laws! These companies have cost me major emotional and mental stress and extreme relationship issues. Your company has destroyed my household! I can not even provide for my two kids as I should be able to! XXXX, XXXX, EXPERIAN are not government entities and are required to follow the laws put in place for them! They should be severely punished for causing so much disaster to many american lives, including mine! I have listed every law/code that these terrible companies have violated and I have attached an ftc report XXXX affidavit, an invoice to support my claims. I have attached my i.d, and my utility bill, for my identity verification. I have also attached a copy of my credit report as proof for the violations that these companies seem to do effortlessly. Please delete all requested information from my credit file as requested and fulfill my invoice.

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