Consumer complaint received 2019-03-25
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: SC
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: Was not notified of investigation status or results

Complaint:
I have tried to resolve this matter for several months through TransUnion by utilizing the dispute method and guidelines established within 15 U.S.C. 1681, the Fair Credit Reporting Act ( FCRA ). Obviously, my request, rights and guidelines established under the FCRA continue to be ignored and violated by TransUnion. Ive submitted several disputes to TransUnion regarding the seven ( 7 ) accounts/items below found within my TransUnion credit report and requested TransUnion to produce verifiable proof and the method of verification utilized to verify such negative remarks. The seven ( 7 ) negative accounts/items disputed during multiple occasions are : XXXX XXXX XXXX ( XXXX ),  XXXX XXXX XXXX XXXX ( XXXX ), XXXX ( XXXX ), XXXX XXXX ( XXXX ), XXXX XXXX  XXXX XXXX ( XXXX ), XXXX XXXX XXXX XXXX ( XXXX ), XXXX XXXX XXXX XXXX ( XXXX ). Pursuant 15 U.S.C. 609 ( c ) ( 2 ) a consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer 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agency is not required to remove accurate derogatory information from the file of a consumer, unless the information is outdated under section 605 or can not be verified, 609 ( c ) ( 2 ) ( E ). 
The Black 's Law Dictionary is the most widely used law dictionary in the United States and it is the reference of choice for terms in legal briefs and court opinions. Moreover, it has been cited as a secondary legal authority in many U.S. Supreme Court cases. Therefore, it is only fair and just that we use definitions  known to be proven legitimate and trustworthy by the courts. Black 's Law Dictionary ( 8th Edition, 2004 ) defines verify as something to prove to be true, to confirm, establish the truth or truthfulness of ; to authenticate To confirm or substantiate by oath or affidavit, to swear to the truth of. Id. at 1698. It also defines valid as legally sufficient ; binding <a valid contract>- validate, verb. Id. at 4811. The Black 's Law Dictionary 9th Edition ( 2009 ) only reinforces such definitions by applying no changes to such, however the reference pages are 1698 and 1690 respectively. 
Now that key terms have been defined from a legitimate and trustworthy source utilized on legal procedures by U.S. Supreme Courts ; if TransUnion is verifying such accounts, pursuant 15 U.S.C 609 ( c ) ( 2 ) ( E ) and definitions stated above, TransUnion should be able to validate such accounts by providing legally sufficient, binding, valid contract documents ( verifiable proof ). Additionally, pursuant 611 ( a ) ( 1 ) ( A ), TransUnion must conduct a reasonable investigation for each one of the disputed accounts above. I contacted the TransUnion Consumer Relations on XX/XX/XXXX to express my concerns and inquire on their dispute process since my letters requesting a description of such procedures continued to be ignored. I initially talk to a TransUnion Consumer Relations employee located in the country of XXXX, and upon opening my TransUnion file I was transferred to a TransUnion Specialized Fraud Team employee, also in the country of XXXX. While talking to the TransUnion Specialized Fraud Team employee, she confirmed, within other things, that TransUnion do not conducts any type of investigation on disputes received from consumers. Troublesome as this sounds, the TransUnions Specialized Fraud Team employee explained that once a consumer dispute is received, TransUnions only action is to input the data received from a consumer into a system and subsequently send such data to the required creditor/furnisher for them to agree or disagree with the disputed information. According to the TransUnions Specialized Fraud Team employee, once TransUnion sends the data to the creditors/furnishers it complies and fulfills with the reasonable investigation requirement dictated to be conducted by a Consumer Reporting Agency ( CRA ) under the FCRA. 
Additionally, according to the TransUnions Specialized Fraud Team employee, once a computer response is received from the creditor/furnisher, TransUnion merely reflects such information within the consumers credit report/file. Moreover, the TransUnions Specialized Fraud Team employee also confirmed that TransUnion does not requires any documentation from the creditors/furnishers through this process to validate a disputed account. This is hardly reasonable, more less an investigation being conducted by a consumer reporting agency, in this case, TransUnion. Such dispute process strictly violates the FCRA, since TransUnion through its never conducted reasonable investigation is merely parroting the information received from the creditors/furnishers, it never conducts an independent investigation on the disputed accounts, and merely places the burden of its required reasonable investigation and validation on the creditors/furnishers and/or the consumer. These actions do not fulfill the obligations contemplated by the statute. TransUnions reasonable investigations on my disputed accounts/items never took place pursuant the FCRA guidelines since TransUnion didnt conduct a clear validation on such accounts/items, more less an investigation at all. TransUnions method of verification and validation requires, as defined above, to be legally sufficient ; binding, a valid contract,. These items have been requested to TransUnion on multiple occasions as evidenced by the multiple attached certified mail receipts. However, TransUnion have FAILED miserably to fulfill such request, therefore evidencing a FAILED fulfillment of a reasonable investigation or FCRA requirements pursuant 607 ( b ). If the disputed accounts can not be verified by TransUnion, more less validated, such accounts much be promptly deleted from my credit report pursuant 611 ( a ) ( 5 ) ( A ). Subsequently, I was transferred to a TransUnions Specialized Fraud Team supervisor who only supported the facts stated above while continuously confirming that TransUnion do not conduct any investigations or is required to do so by the FCRA. I referenced 611 ( a ) ( 1 ) ( A ) and read the reasonable investigation requirement stated within, however, the TransUnions Specialized Fraud Team supervisor continue to state that I was misinterpreting the FCRA and an investigation by TransUnion was not required under the FCRA.

Pursuant 611 ( a ) ( 6 ) ( B ), I have requested TransUnion to validate such disputed accounts/items on at least ten ( 9 ) occasions through USPS certified mail letters. These letters have all been delivered to TransUnion. The FCRA, 611 ( a ) ( 7 ) requires for TransUnion to provide such validation/information not later than 15 days after receiving a request from the consumer for that description. However, since my fist letter requesting the validation/information procedures on XXXX XXXX, XXXX, such validation/information has never been provided by TransUnion, clearly violating 611 ( a ) ( 6 ) ( B ), 611 ( a ) ( 7 ) and its roles, duties and responsibilities as a CRA under the FCRA. I have also provided TransUnion a copy of my dispute letters sent to the creditors/furnishers, which requested the same or a similar method of verification/validation ( verifiable proof ). However, not a single one of these creditors/furnishers were able to provide, present or fulfill such requirement ; therefore, supporting only the fact that such disputed accounts are UNVERIFIED. Hence, TransUnion continues to ignore such provided evidence, negligently and willfully not pursuing its own required independent investigation, and merely parrots the information received from the creditors/furnishers. The disputed accounts must be deemed UNVERIFIED pursuant guidelines within the FCRA and, therefore, MUST be DELETED from my credit report pursuant 611 ( a ) ( 5 ) ( A ).

Furthermore, pursuant 607 ( b ), TransUnion shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Based on the aforementioned statement and my rights as a consumer to know how the information related to my credit worthiness is being reported, I demand detailed answers to the following eight ( 8 ) questions : 1. How many disputes do TransUnion process daily? ( TransUnion requested answer ) 2. How are 607 ( b ) and 611 ( a ) ( 1 ) ( A ) guidelines being enforced by TransUnion since its reasonable investigation procedures are evidently automated ( computerized ), does not require any verifiable proof by the creditors/furnishers ( confirmed by TransUnion Dispute Department employee ) and TransUnion evidently can not either provide a copy of the instrument of indebtedness or verifiable proof on the disputed accounts? ( TransUnion requested answer ) 3. What are TransUnions steps followed upon receiving a dispute from a consumer to include XXXX   steps and codes? ( TransUnion requested answer ) 4. Where are TransUnion dispute steps being conducted ( country location )? ( TransUnion needed answer ) 5. How does the TransUnion dispute process ensure consumers dispute due process if no documentation is requested from the creditors/furnishers to ensure proper validation of disputed accounts? ( TransUnion requested answer ) 6. Why do TransUnion continue to negligently and willfully violate my rights as a consumer and guidelines established under the FCRA? ( TransUnion requested answer ) 7. Why TransUnion continues to FAIL on complying with its duties, roles and responsibilities as a CRA in accordance with the FCRA as established by the U.S. Congress under 15 U.S.C. 1681? ( TransUnion and CFPB requested answer ) 8. What will be the penalties imposed by the Consumer Financial Protection Bureau ( CFPB ) if TransUnion continues to violate my rights as a consumer and the guidelines established under the FCRA? ( CFPB requested answer )

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