Consumer complaint received 2023-03-10
Company: LEXISNEXIS
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Other personal consumer report
Issue: Incorrect information on your report
Sub-issue: Public record information inaccurate

Complaint:
On XX/XX/XXXX, I submitted a Notice of Dispute and a Request for the Removal of Inaccurate Information regarding the Lien, Judgement, and Civil Filing Record that is being reported in my LexisNexis Consumer Report. On XX/XX/XXXX, I submitted a Second Notice of Dispute, a Request for Removal of Information regarding the Lien, Judgement, and Civil Filing Record that is being reported in my LexisNexis Consumer Report.In a Result of Reinvestigation Report dated XX/XX/XXXX, LexisNexis stated : We have reviewed the information from our Lien, Judgement, and XXXX XXXX XXXX and determined the data being reported is accurate. Research was conducted with the following source : XXXX XXXX XXXX XXXX XXXX XXXX : XXXX IL. 

On XX/XX/XXXX, I submitted the attached Method of Verification Request, a Request for Reinvestigation, and a Request for Removal of Inaccurate Information ( XXXX ) regarding Lien, Judgement, and Civil Filing Record that is being reported on his LexisNexis Consumer Report. 

This item is inaccurate. I have never lived at XXXX XXXX XXXX, # XXXX, XXXX, IL XXXX XXXX I have NO liens, judgments, or civil filings against me. I am NOT associated with this civil court filing. 

While there appears to have been a public filing against someone with the same or similar name to me in XXXX XXXX, Illinois, it is NOT associated with me. In an effort to prove that the item does not belong to me, I obtained the court filing from the XXXX XXXX, Illinois XXXX XXXX XXXX. The court documents do NOT include my full name, address, birth date, or social security number. Therefore, this item must be considered UNVERIFIED and promptly removed from my LexisNexis Consumer Report. 

During the entire time frame listed in the complaint, I lived over XXXX miles from the address listed in the complaint. Beginning in XX/XX/XXXX, I lived at XXXX XXXX XXXX, XXXX, Illinois XXXX. I sold the property in XX/XX/XXXX and relocated to XXXX XXXX XXXX XXXX, XXXX, Illinois XXXX. 

To support my dispute, I have included a copy of the mortgage records from my XXXX Credit Report XXXX XX/XX/XXXX, a copy of the mortgage records from my XXXX Credit Report dated XX/XX/XXXX, and a copy of the mortgage records from my XXXX Credit Report XXXX XX/XX/XXXX. 

The Fair Credit Reporting Act ( FCRA ) defines LexisNexis Risk Solutions as a consumer reporting agency. Therefore, LexisNexis is governed by the FCRA, as well as several additional federal and state statutes. 

Let us not forget that it is NOT the consumers responsibility to prove that an inaccurate item DOES NOT belong to the consumer. It is not possible to prove a negative ( for example, one can not prove that pink and purple flying elephants do not exist on the planet Jupiter ). Per the FCRA, it is the consumers duty to notify the consumer reporting agency of inaccurate, incomplete, and/or incorrect information. The burden of proof falls upon the consumer reporting agency. Per the FCRA 611 ( a ) ( 1 ) ( A ), it is the consumer reporting agencys responsibility to investigate the disputed information, verify the accuracy of the disputed information, and prove that an item belongs to the consumer The FCRA 611 ( a ) ( 1 ) ( A ) states that it is a consumer reporting agencys responsibility, when notified by the consumer that the information in a consumers file is disputed, to conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file. The FCRA 611 ( a ) ( 1 ) ( A ) reads : ( a ) Reinvestigations of Disputed Information ( 1 ) Reinvestigation Required ( A ) In general. Subject to subsection ( f ), and except as provided in subsection ( g ) if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. 

According to the FCRA 611 ( a ) ( 5 ) ( A ) ( i ), for an item to be included in a consumer report, the information must be accurate, complete, and verifiable. The FCRA 611 ( a ) ( 5 ) ( A ) ( i ) reads : ( a ) Reinvestigations of Disputed Information ( 5 ) Treatment of Inaccurate or Unverifiable Information ( A ) In general. If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. 

To maintain the accuracy and integrity of my LexisNexis Consumer Report, and pursuant to the FCRA 611 ( a ) ( 6 ) ( B ) ( iii ), this shall serve as my formal request for a description of the procedure ( also known as a Method of Verification Request ), specific to my dispute, that LexisNexis used to verify the accuracy and completeness of the information LexisNexis is reporting. A general description of actions that LexisNexis may or might take is unacceptable and will be lawfully rejected. FCRA 611 ( a ) ( 6 ) ( B ) ( iii ) reads : A description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available.

The item in question is inaccurate and represents a very serious reporting error. In compliance with the FCRA, please provide complete and detailed answers to the following question regarding your Result of Reinvestigation letter dated XX/XX/XXXX. 

1. A complete and detailed description of your method of investigation and how you came to your determination that the information you are reporting is complete, correct, accurate, and verifiable. How did you verify the accuracy of the information you are reporting?

2. A complete and detailed description of the procedure that you used to determine and verify the accuracy and completeness of the information you are reporting.

3. Copies of all documents and correspondence with any entity or individual as part of the reinvestigation of my dispute, including electronic correspondence of all types.

4. A copy of all information you sent to the furnisher of information during your investigation, including transcripts of all telephonic conversations, and any information you received from the furnisher of the information.

5. The name, job title, and contact information of all LexisNexis employees who participated in your investigation. 

6. The name, job title, and contact information of all Clerk of the XXXX XXXX XXXX XXXX XXXX, Illinois employees who participated in your investigation. 

7. A complete and detailed description of the procedures that you used to protect my information during your investigation.

8. All training manuals and policies and procedures specifying LexisNexis policies and procedures for verifying the accuracy and completeness of information before it is reported on a consumer credit report. 

Please do not provide another generic response or template letter stating the various methods you may or might use to verify the accuracy and completeness of the information you are reporting. Please provide complete and detailed answers to my specific questions. Any automated response or e-Oscar verification is unacceptable. In addition to my Method of Verification Request, I am requesting a Reinvestigation of my original dispute. 

The FCRA 611 ( a ) ( 7 ) states that a Method of Verification Request must be provided to the consumer within 15 days of receiving a request from the consumer for that description. FCRA 611 ( a ) ( 7 ) reads : ( 7 ) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description.

The statutory deadline for you to respond to this Method of Verification Request with verifiable proof, specific to my dispute, is March 19, 2023.

The FCRA 607 ( b ), Compliance procedures [ 15 U.S.C. 1681e ] states : ( b ) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 

What reasonable procedures did you employ to assure maximum possible accuracy of the information you are reporting? 

It is NOT my responsibility to prove that the item in dispute do not belong to me. It is simply not possible to prove a negative. It is my duty to provide you with a notice of dispute for the information I believe to be inaccurate. It is LexisNexis responsibility to prove that the items in dispute are accurate or that they do belong to me. Simply stating that you verified the information as accurate is insufficient. If you are unable to provide satisfactory verifiable proof ( e.g. a document with my original handwritten signature ) as to how you verified the accuracy of the information you are reporting, within the 15-day statutory requirement, the item in dispute must be treated as unverifiable and removed, in their entirety, from my LexisNexis Consumer Report. 

Additionally, I submitted a request to opt-out and initiate the LexisNexis Information XXXX XXXX XXXX My request was approved on XX/XX/XXXX, therefore, all you have to do is push the delete button. 

Again, the statutory deadline for you to respond to this Method of Verification Request with verifiable proof that is specific to my dispute is XX/XX/XXXX. 

Upon removal of the disputed item, please provide me with confirmation, in writing, of the removal of the item and an updated LexisNexis Consumer Report. 

Thank you for your prompt attention to this matter.

Company response to consumer: Closed with explanation