Consumer complaint received 2018-06-02
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Public record information inaccurate

Complaint:
Since XX/XX/XXXX and subsequently on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX and I have disputed the incorrect and invalidated Chapter XXXX Bankruptcy EXPERIAN listed under my social security and again and again EXPERIAN alleges that it verified with the Bankruptcy Court through their vendor XXXX XXXX this incorrect reporting and kept violating the Fair Credit Reporting Act Sections : 609 ( a ) ( 1 ) ( a ), the FCRA Section 623 ( a ) ( 5 ) : by continuously keeping incorrect information under my social security and lying to me the consumer as well as the Federal Bankruptcy Courts name. 
EXPERIAN indicated that if I wasnt satisfied with the results of the dispute I should contact the Court directly with additional questions ( that response is attached see doc entitled XXXX EXPERIAN BK validation doc ). I took the advice and contacted both the Bankruptcy Court directly since EXPERIAN told me the BK Court reported that allege bankruptcy under my social security. Also contacted XXXX XXXX the vendor EXPERIAN said it used to verify with the Bankruptcy Court. 
My inquiry to the U. S. Bankruptcy Courts confirmed the Bankruptcy Court Never reported this allege Bankruptcy under my social security and that EXPERIAN Credit Bureau NEVER CONTACTED THE BK COURT and EXPERIAN has never validated and verified this allege bankruptcy record entries on my credit report. The Bankruptcy Court further stated while they are NOT liable or responsible for any MISUSE or INCORRECT public records, nor the distribution of said information, public records may, and oftentimes are, reported by third party sources unawares to the consumer, and in most cases, incorrectly. ( See attached letter from the Bankruptcy Court ). 



Considering the information indicating a Fair Credit Reporting Act violation. I have repeatedly asked EXPERIAN to PERMANENTLY DELETE all bankruptcy information currently showing under my social security number from my credit report immediately but EXPERIAN refuses and continues to report inaccurate and unverifiable and unvalidated information on my credit report. 
Furthermore, the vendor EXPERIAN claimed it used to verify with the court also provided me letter that they couldnt verify this allege bankruptcy information ( see XXXX XXXX letter attached ). 

In addition, EXPERIAN Credit Bureau refused to provide me with copies of all documentation associated with this Public Record Account bearing either a court order to place this information in my credit report, or my authorization of release bearing my signature. 
According to the Fair Credit Reporting Act ( FCRA ), the  credit reporting agency is required to give me the method of verification within 15 days of my request. This should be hard evidence that goes all the way back to the original creditor. I did not consent for EXPERIAN to use an automated system as means of an investigation process using any online computer program, XXXX, etc. EXPERIAN credit bureaus along with the rest are required to send the consumer all of the supporting documentation regarding the dispute from the furnisher of the consumer 's account within 15 days. They have never called the original creditor or the Bankruptcy Court but have relied on a third-party database to verify. When I asked for the evidence they used to verify, I was told they could not give it to me which is against the law. I was also told they called the BK court and verified, however ; when I called the BK court, I was told they do not verify information with Credit Bureaus. Therefore, EXPERIAN have deliberately broken the law multiple times pertaining to the Fair Credit Reporting Act ( FCRA ). Sections : 609 ( a ) ( 1 ) ( a ). The funny thing is that since all of my calls to EXPERIAN are recorded by both myself and EXPERIAN, they have their own lies, fraud and violations of the FCRA and the lies they were telling me on record and I will inform the judge in my Lawsuit to subpoena their records and use as proofs. 
In addition, the letter from the Bankruptcy Court showing no validation and verification to credit bureaus will be another proof of EXPERIAN FCRA violation along with the record correction and deletion letter from XXXX XXXX, EXPERIANs own vendor ( see attached US Bankruptcy Court Letter and XXXX XXXX ). Furthermore, all EXPERIAN letters/response to my disputes stating the chapter XXXX Bankruptcy information has been verified by the Court will also be used in my lawsuit action against EXPERIAN. 
Per the FCRA 623 ( a ) ( 5 ) : If the Credit Bureau can not VALIDATE the information with the ORIGINAL CREDITOR, they must remove said information from the consumer credit file. The Bankruptcy Court has also reviewed the Public Record section of my EXPERIAN Credit Bureau. The Bankruptcy Court mailed me letters which emphatically stated that they do NOT provide any information to credit reporting agencies, nor do they ever validate and/or confirm public records. It is the credit reporting agencies, and/or other third-party providers who collect information regarding public cases from public records. Public records information is NEVER validated by the U. S. Court system due to the Fair Credit Reporting Agency PRIVACY LAW. 

Last Attempt for EXPERIAN to correct their record and stop their non-compliance I need all bankruptcy information currently showing under my social security number to be IMEDIATELY and PERMANENTLY DELETED from my credit report. 
The EXPERIAN Credit Bureau needs to provide me with copies of all documentation associated with this Chapter XXXX bankruptcy Public Record Account bearing either a court order to place this information in my credit report, or my authorization of release bearing my signature. 
Be further advised that I am closely monitoring my credit file. Per the Federal Law, you have exactly 30 days to complete this investigation as outlined per the Fair Credit Reporting Act 623 ( a ) ( 3 ). 
Per the Federal Credit Reporting Act, Section 609 ( a ) ( 1 ) ( a ), you are required by federal law to verify through physical verification of the original signed consumer contract and/or judgment ( s ) all accounts and public information that you post on anyones credit report. Otherwise, anyone paying for your reporting services could fax, mail, email in fraudulent and erroneous account information. As such, if this unauthorized public record information is not deleted from my credit report within the next 30 days, I will be filing a complaint to the Federal Trade Commission, Consumer Financial Protection Bureau. Failure to respond in a satisfactory manner within 30 days of receipt of this certified letter will result in a small claims action against the EXPERIAN Credit Reporting Bureau. I will be seeking no less than {$5000.00} in damages for, but not limited to : 1 ) Defamation ; 2 ) Negligent Enhancement of Identity Fraud ; 3 ) Violation of the Fair Credit Reporting Act and Consumer Financial Protection Bureau. 

The last time I contacted Experian to get an update on my disputes, XXXX from the Special Handling Dept.  maliciously extended the resolution date for the ongoing bankruptcy dispute and when I asked why XXXX told me that she wants to help me by calling the Bankruptcy Court to verify the alleged bankruptcy and when I asked her if that was the validation process prescribed under the Federal Fair Credit Reporting Acts, XXXX got XXXX off and left me on hold for over an hour and never returned to the call so I ended up hanging up. Few hours later on that day I got an email notification that the alleged Bankruptcy dispute results was ready and What I found out was that XXXX from EXPERIAN took the law into her own hands and vindictively decided to end the dispute and ignore the investigation process and END my dispute and decided to keep the incorrect and unverified information on my record just like because she was unhappy with my question of whether calling the Bankruptcy Court was what the Fair Credit Reporting Act requires EXPERIAN to do. These are just some of the abuses taking place at EXPERIAN CREDIT BUREAU. 

There is also 4 XXXX Accounts that are added to my credit report as a results of Identity Theft and Experian has received a detailed Policed report on a burglary along with a separate Identity Theft Police Report with other required documentation but EXPERIAN continues to violate my rights and the FCRA and still maintains these fraudulent accounts under my social security number. Please help me tell Experian to Please delete the incorrect unverified/invalidated Bankruptcy reporting and the four Fraudulent XXXX accounts from my credit report. For sometime now and especially right now, EXPERIAN is hurting my ability to obtain financing and causing me harm. I will have no recourse but to file a suit. 

Sincerely, XXXX XXXX

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