Consumer complaint received 2019-02-25
Company: ERC
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:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Tx XXXX SS # XXXX DOB| XX/XX/XXXX To : ERC XXXX XXXX XXXX. XXXX, FL XXXX XXXX RE : Account ERC XXXX Dear XXXX XXXX/To Whom it may concern, Please be advised that this is my SECOND WRITTEN REQUEST. I just received a letter from your company stating that the letter is in response to my request for validation. This is not a request for verification but a request for VALIDATION made pursuant to 15 USC 1692g Sec.809 ( b ) of the FDCPA. 

I am writing in response to your letter date XX/XX/XXXX in which I asked for validation in accordance with the Fair Credit Reporting Act Section 609 (  a ) ( 1 ) ( A ) in which you are required by Federal Law to verify through the physical verification of the original contract with my signature on it that you have on file of the account listed in this correspondence. The letter dated XX/XX/XXXX did not supply me with ANY physical validation including my contract with my original signature on the contract as defined by the FCRA as listed above. 

You have not provided me a copy of ANY original documentation required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ) ( a consumer contract with my original signature on it ) and under section 611 ( 5 ) ( A ) of FCRA-you are required to..promptly DELETE all information which can not be verified. The law is very clear as to the Civil liability and the remedy to me for negligent noncompliance ( Section 617 ) if you continue to fail to comply. I am a litigious consumer and fully intend to enforce my rights under the FCRA. 

Originally the first action I took was to file a dispute about ERC reporting a nonverified on my XXXX  Credit Bureau Report with my dispute originally dated XX/XX/XXXX, Dispute # XXXX specifically about the reporting of Enhanced Recovery Account # XXXX which is causing me direct harm by affecting my FICO score and preventing me from obtaining a home loan. I filed a timely request for a reinvestigation of the reporting of ERC with XXXX  and the results of Dispute # XXXX for XX/XX/XXXX were as follows : Enhanced Recovery Co XXXX with the outcome : ERC DELETED- This item was removed from your credit report. 

I am demanding that ERC remove the reporting of the account # XXXX which continues to show up on my XXXX Report and all credit files and a copy of such deletion request shall be sent to me immediately.. 

I am enclosing the XXXX  Dispute with results with ERC deleted per the investigation of XXXX  which shows that ERC is reported as Non-verified debt. ERC letter dated XX/XX/XXXX in which you clearly reference Dispute Validation with no validation provided Copy of most recent XXXX  Report showing ERC Please delete the misleading information from XXXX  within 10 days of receipt of this letter sent USPS Certified Mail. If for some reason I do not receive a return satisfactory response with the removal of ERC from my XXXX   Credit Report I will file complain with the Office of Attorney General, and the CFPB ( Consumer Financial Protective Bureau ) and the local XXXX.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation