Consumer complaint received 2018-11-08
Company: Experian Information Solutions 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: Was not notified of investigation status or results

Complaint:
Hello, My name is XXXX XXXX. I am writing to inform you about my recent disputes with the 2 major bureaus, XXXX & Experian. I am aware that under the Fair Credit Reporting Act, the bureaus are required to maintain maximum accuracy, and that inaccurate, incomplete or unverifiable information if challenged must be corrected or deleted. Upon looking over my reports, I was shocked to discover there were a lot of discrepancies I came across which I find disturbing. I sent them a letter requesting all information they have on my file which to 15 USC 1681g ( a ) ( 1according ) they are required to " accurately disclose to the consumer : ( 1 ) All information in the consumers file at the time of the request ''. I have done a bit of due diligence and discovered that according to XXXX vs XXXX  " all information in the consumer 's file '' is distinctly different from a credit report, and so it contains far more information than a mere credit report. What bothers me is that they did not respond with any documentation whatsoever. 
So now, there are accounts on my reports that have not been verified properly according to the FCRA principles of protecting me from misinformation. According to XXXX 'XXXX XXXX XXXX, verification is defined as " The examination of a writing for the purpose of ascertaining its truth ; or a certificate or affidavit that it is true. '' and also, " Confirmation of the correctness, truth, or authenticity of a pleading, account, or other paper, by an affidavit, oath, or deposition. '' Even the FCRA mentions under the definitions section ( 15 USC 1681 ( a ) ( l ) that verification involves, " information in the consumers application ''. The bureaus failed to produce any kind of documentation that would justify verification as defined by XXXX XXXX XXXX XXXX. 
Also, I discovered inquiries that have no contracts on file that are still listed on my credit reports, nor was there any proof that the permissible purpose was certified in accordance with 15 USC 1681e which states how the bureaus are required to have reasonable procedures for the permissible purpose of inquiries and these procedures involve, " that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. The bureaus failed to provide me any shred of evidence that they are in fact maintaining such procedures of ensuring that creditors did in fact certify the permissible purpose. Again, they failed to produce any kind of documentation in my consumer file. 
In short, I have not received any hard evidence from XXXX, XXXX and Experian showing that these accounts and inquiries are valid and that they are even following the requisite federally mandated " reasonable procedures ''. 

Clearly, according to the FCRA these items must be removed from my credit report by law because it is known as misinformation and literally unverified information. 
Additionally, there are collection accounts on my reports yet I never agreed to do business with these companies whom I have no contractual obligation to do business with. They also somehow got my address, my date of birth, my social security number and even created a fictitious account in my name without my consent! this sounds like fraud was committed. 

I did not give express permission for my personal information to be in the hands of any third party agencies that I have never even heard of and are asking for payment and send threatening letters to my home. Moreover, in doing my due diligence, I discovered that 31 State attorney generals entered into an agreement with the credit bureaus titled, " Assurance of Voluntary Compliance /Assurance of Voluntary Discontinuance '' and in this document on page 12, it states, " The CRAs shall prohibit Collection Furnishers from reporting debt that did not arise from any contract or agreement to pay ''. Similarly, on the same page it also goes on to state, " The CRAs shall implement a process designed to effectively remove from the CRAs ' respective credit reporting databases any existing data reported by Collection Furnishers relating to the collection of debt that did not arise from a contract or agreement to pay ''. Once again, the bureaus did not produce any documentation proving the legitimacy of these fictitious accounts which I assert did not arise from any contract or agreement to pay them. 

I sent the 2 agencies an Affidavit of truth and the nature of my claim ( see 42 USC 1983 popularly known as Section 1983, or Section 1983 of Title 42 of the U.S Code part of civil rights act of 1871 ). XXXX & Experian must thoroughly abide by the FCRA before making a counter Affidavit, this is a lawful notice. It means what it says and says what it means. See XXXX XXXX XXXX XXXX XXXX, # 5 AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE. 
# 6 AN UNREBUTTED AFFIDAVIT BECOMES JUDGEMENT IN COMMERCE.

I have sent this letter to you because the credit bureaus are engaging in what the FTC Act calls " unfair or deceptive acts or practices in or affecting commerce. '' Neither of the 2 bureaus rebutted my affidavit of truth point by point. Moreover, neither one of them provided me any kind of documentation as required under 15USC 1681g ( a ) ( 1 ), and as a result none of them verified with actual documentation! They are in default and I have sent them a notice of their default. The attached documents are proof of what I have sent the 2 major bureaus. 
Hopefully we can lawfully take care of this issue and peacefully resolve the disturbing information that is on my reports. 

Fraud is any kind of artifice employed by one person to deceive another. XXXX v XXXX XXXX XXXX. Soc. Of U.s misc Thank you 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 explanation