Consumer complaint received 2022-08-30
Company: Experian Information Solutions Inc.
State: CA
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:
As of XX/XX/2022, I have sent four sworn notarized affidavits ; the most recent on XX/XX/2022 via certified mail ( tracking number XXXX ) received XXXX XXXX by XXXX XXXX. Despite sending four sworn affidavits via certified mail, Experian has blatantly violated the FCRA ( Fair Credit Reporting Act ) and continues to report item/account in dispute. They have failed to mail me any verification results, have not provided verification methods nor who verified item/account, but they have still reported this item/account which has caused me significant injury by drastically lowering my credit score, which has affected me immensely and is essentially defamation of my character. This CFPB complaint is preliminary warning before litigation pursues and damages are sought after. 

To be perfectly clear as to what is meant by VERIFY and the legal definition of VERIFY according to the XXXX XXXX dictionary ; I have provided the definition from the XXXX XXXX dictionary to nullify any confusion or disregard of the law by Experian. VERIFY according the XXXX XXXX dictionary is as follows : To confirm or substantiate by oath or affidavit ; to show to be true. Particularly used of making formal oath to accounts, petitions, pleadings, and other papers. The word " verified '' when used in statute, ordinarily imports a verity attested by the sanctity of an oath. It is used interchangeably with sworn. To prove to be true ; to confirm or establish the truth or truthfulness of ; to check or test the accuracy or exactness of ; to confirm or establish the authenticity of ; to authenticate ; to maintain ; to affirm ; to support ; second ; back as a friend. MacNeill v. Maddox, 194 Ga. 802, 22 S.E2d 653, 654 EXPERIAN is admittedly not verifying item/account according to this definition from the law dictionary, by EXPERIANs current and previous actions. For an item to be properly, legally and lawfully verified ; the alleged creditor/data furnisher must " confirm or substantiate by oath or affidavit ''. This does not occur by sending electronic codes between the credit bureau and alleged creditor/data furnisher -- -- -- My most recent correspondence sent XX/XX/2022 is as follows : NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FCRA XXXXCTION 616 & SECTION 617 Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to amicably resolve your continued violation of the Fair Credit Reporting Act regarding your refusal to delete UNVERIFIED and FRAUDULENT information from my credit file. I intend to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 if the UNVERIFIED and FRAUDULENT item/account listed below is not deleted immediately. A copy of this letter as well as copies of the several written letters sent to you previously will also become part of a formal complaint to the Federal Trade Commission and shall be used as evidence in pending litigation provided you fail to comply with this offer of settlement. 

Despite several written requests, the UNVERIFIED AND FRAUDULENT item/account listed below still remains on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your investigations, you stated in writing that you verified that these items are being reported correctly? Who verified these accounts? You have NOT provided me with a copy of ANY original documentation ( a consumer contract with my WET INK signature on it ) as required under Section 609 ( c ) ( 2 ) ( E ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified. The definition of VERIFY according to the law has been provided to you by me in previous correspondences and you have continuously failed to abide by the law. Sending electronic codes with/through E-Oscar does not accomplish a valid and lawful verification. 

I also filed a CFPB complaint against the alleged creditor ( complaint # XXXX ) and there is an admission that there is not a copy of a signed application available. I have included a redacted copy of this communication with this correspondence. 

The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. 

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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