Consumer complaint received 2017-10-07
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: TX
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:
The Fair Credit Reporting Act ( FCRA ) requests the Credit Reporting Agencies to have physical copies in their files of documentation to support each account being reported on. I am also aware the that the creditor pays the credit bureau to report a negative item and the creditor also pays the credit bureaus each time they pull a consumers credit report. I am also aware that credit bureaus are a for profit business and they are paid to put items on a consumers credit report and they are also paid when that same creditor pulls a consumers credit report. This is a conflict of interest because any creditor can essentially report whatever they want about a consumer whether it is correct or not. I know that the FCRA is supposed to protect the consumer and govern the activities of the Credit Reporting Agencies as well as regulate how they report information about a consumer. I have studied this Federal Law and also studied the case law established in various court cases pertaining to various sections of the FCRA and the FCRA requires that all Credit Reporting Agencies ARE SUPPOSED TO VERIFY ALL INFORMATION RECEIVED from the creditors BEFORE this information is added to a consumers credit file. 
Proper verification according to established case law involves the credit bureau having copies of the original signed credit application in their files. That means the credit bureau is required to have a copy of my credit application that I signed when I opened a credit account with the creditor in their files. The credit bureaus is supposed to have it in their files to show that they have indeed verified the information and the account belongs to me and to show that they verified the information before they placed it on my credit report. 

Page 35 of the FCRA : 609 : Disclosures to consumers ( 15 U.S.C. 1681g ) ( a ) Information on file ; sources ; report recipients, Every consumer reporting agency shall, upon request, and subject to 610 ( a ) ( 1 ) [ 1681h ], clearly and accurately disclose to the consumer : - Paraphrase : The information in the credit bureaus files ( not the creditors files ), mentioned  about, is the information that the credit bureaus store in their computer base on every consumer. Then 610 ( a ) ( 1 ) [ 1681h ] identifies the proper identification  required ( drivers license and SS card ) plus a written request by the consumer. Basically this law says that if a consumer asks the correct way, in writing, and has properly identified themselves, the XXXX bureaus are required to disclose to the consumer exactly what documents are stored within their computer base that were used to verify the information that is being reported on them. FOR THAT I AM NOT REQUESTING ANY DOCUMENTS FROM THE ORIGINAL CREDITOR I AM REQUESTING THE DOCUMENTS / VERIFICATION COME FROM YOU THE CREDIT BUREAU. 
Page 37 of the FCRA : ( 2 ) Summary of rights required to be included with agency disclosures. A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section Paraphrase : This means the credit bureaus will disclose the information requested to the consumer. 
Page 37 of the FCRA : ( 2 ), ( E ), a statement that a consumer reporting agency is not required to remove accurate derogatory information from the file of a consumer, UNLESS the information is outdated under section 605 or CAN NOT BE VERIFIED. Paraphrase :  There are XXXX instances revealed in subsection ( 2 ), ( E ), whereby accurate derogatory information can be removed. 1. ) If the information is outdated in Section 605. 
The law requires the credit reporting agency to verify the credit information not the creditor. According to the FCRA, if a credit file is going to be reported on a consumers report it has to be properly verified BY THE CREDIT BUREAU. The FCRA states that the bureaus are the ones that have to keep this verification on file. This is in Section 609 of the FCRA and backed up by various established case law that the credit bureaus are required to send me a copy of the documents that they used to verify the account that I am disputing.
If you do not send me a copy of the document ( s ) used to verify the accounts that you are reporting then that means that you did not verify the account and the FCRA states that you are required to delete all unverified items. 
I am challenging your right to report. I am requesting proof of verification that is supposed to be in your files. If I do not receive this information from you then I will begin to exercise all legal remedies available to me under the FCRA. 
You have already admitted in your response back to me that you now have to reach out to the creditors to verify information which is something that you should have done before these items were placed on my credit report. I do not have to contact the creditors because the information should have been verified as accurate before TransUnion made the decision to place this negative information on my credit report. That puts the burden of proof on TransUnion and not the consumer. All investigations were not previously performed in accordance with all applicable laws, policies, and procedures. You now admit that because now TransUnion has to reach out to creditors to verify if the information that was provided is accurate or not. That alone is a violation of the FCRA. I will not be requesting money from you, my attorney will once this information is provided that TransUnion never did their due diligence with the records they are supposed to maintain in your credit files. The inquiries on my credit report are not supposed to be there. I did not provide those companies my personal information. Those companies do not have any record of me doing business with them, therefore those companies should be deleted off of my credit report. You states that Credit information may be requested only for the following permissible purposes : credit transactions, employment consideration, review or collection of an existing account or other legitimate business need, insurance underwriting, government licensing, rental dwelling, or pursuant to a court order, however I have participated in neither of these things and can prove this a court of law. If TransUnion does their job during a proper investigation and reaches out for the correct information you will find that what I just said is true. Those companies will have no record of doing business with me, therefore they should not be listed on my credit report. My written authorization is very much required to constitute permissible purpose. This is my social security number, my personal information we are speaking about and if I advise you that I did not provide this information to these companies then you need to investigate properly and make them provide you the documentation showing the proof that I did being that TransUnion is the credit bureau reporting this information on my credit report defaming me. My signature is very well required to obtain any of my personal information and for TransUnion to respond to me saying that it is not is complete shows me that there is a problem with your reporting method. Therefore I am challenging TransUnion right to report. 
Any automated response or e-oscar verification is unacceptable. I DO NOT CONSENT TO E-OSCAR VERIFICATION. I am requesting a reinvestigation and your METHOD OF VALIDATION. I am aware that the credit bureaus employ all sorts of interesting automated tactics in an attempt to deal with deadlines. Yet many times the computerized methods fail to do their job properly. According to the law, the burden of proof is on the credit bureau and not the furnisher of the information and most importantly NOT THE CONSUMER ( ME ). 
All records in TransUnion files under my SSN should be correct and have my signature. 
Furthermore, if at any time the account is validated I am requesting TransUnion METHOD OF VALIDATION pursuant to the FCRA, including the name of the person with whom TransUnion spoke, who has first-hand knowledge of the accounts in question I am maintaining a careful record of my communication with you for the purpose of filing a lawsuit against TransUnion should you continue in your non-compliance. I further remind you that, as in Wenger v. TransUnion Corp. No. 95-6445 ( C.D.Cal. Nov. 14, 1995 ), you may be liable for your willful non-compliance. YOU ARE NOT COMPLYING WITH MY REQUEST FOR INFORMATION TRANSUNION IS MAINTAINING IN THEIR FILES. NOT THE CREDITORS YOU REPORT FOR. I DO NOT WANT TO BE CONTACTED VIA CREDITOR. I DO NOT WANT A CREDIT REPORT SENT TO ME AS AN ANSWER. I WANT YOU TO RESPOND BACK TO VIA THE CONSUMER FEDERAL PROTECTION BUREAU. 
I am requesting the following be deleted and blocked : XXXX XXXX XXXX # XXXX XXXX # XXXX ACCEPTANCE NOW # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX # XXXX XXXX # XXXX I am requesting the following inquiries be removed for if you properly investigate you will find that none of the companies listed have a record or any documents bearing my signature giving them the right to inquire about my credit : XXXX XXXX XXXX XXXX XXXX XXXX of XXXX via XXXX XXXX XXXX XXXX XXXX via XXXX XXXX XXXX XXXX via XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Bank XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Lending XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX via XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX via XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Also in response to the addresses that you have on file or me those should also be removed for they are not deliverable addresses to me per the FCRA. XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX following phone numbers should be removed for I have never owned these numbers and if you investigate properly you will find that you will not be able to find a contract listed to me for these numbers : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Please also remove the duplicate Employer name of XXXX  There should only be XXXX XXXX listed on my credit report under the XXXX XXXX. I sent this same request over to Transunion per certified ( now a legal document ) letter. The Certified receipts are as follows : XXXX Received by TransUnion on XXXX/XXXX/XXXX XXXX - Received by TransUnion on XXXX/XXXX/XXXX XXXX - Received by TransUnion on XXXX/XXXX/XXXX. I also sent a dispute to XXXX XXXX and they have not sent me any of the things that I requested in the validation letter. Therefore XXXX needs to be deleted. 
This is my final goodwill response before I turn this matter over to a consumer rights attorney for TransUnion willful noncompliance.

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