Consumer complaint received 2021-01-04
Company: Experian Information Solutions Inc.
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
To Whom It May Concern : This letter is a formal request for the description of the procedures used to determine the accuracy and completeness of the disputed information, including the business name, address, and telephone number of any furnisher of information contacted in connection with this re-investigation, in compliance with the Fair Credit Reporting Act, Section 611, part B, subsection ( iii ) 611. Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] ( 6 ) ( B ) Contents. As part of, or in addition to, the notice under subparagraph ( A ), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph ( A ) ( i ) a statement that the reinvestigation is completed ; ( ii ) a consumer report that is based upon the consumer 's file as that file is revised as a result of the reinvestigation ; ( iii ) a notice that, if requested by the consumer, 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. 
I am disappointed that you have failed to maintain reasonable procedures to assure complete accuracy in the information you publish, and insist you comply with the law by providing the requested information within the 15 days allowed. 
As a matter of convenience to you and to expedite my request, I am resubmitting my request to correct my credit report. 
Under the Fair Credit Reporting Act, if the debt can't be verified within 30 days, then it must be removed. Your letters to me claim to have 'verified ' the debt, but this is in fact not true under law. Simply contacting the alleged creditor and asking them to match up numbers in their database is not sufficient verification for identity theft. Of course, the information matches up. Someone clearly used my information without my authorization. 
Now I am suing XXXX  for being such a pain in the posterior to me. I have provided more than sufficient evidence to get these false accounts removed. This matter can be settled simply by your agreement to remove the false information from my credit file. 
I require a response, on point, in writing, hand signed, and in a timely manner. If I get another pointless letter from you saying that it has already been 'verified ' then there will be no more opportunity for negotiation. This will proceed in court until I have successfully proven to a judge that this false information must be removed from my credit file. I will also be aggressively pursuing the full judgment that I get against Experian for violation of the Fair Credit Reporting Act and Defamation. 
I have already won a similar lawsuit against XXXX. If you accept the same terms as XXXX  did, then I will dismiss my lawsuit against Expreian and you will not need to appear in court. 

Part II The reason the lawsuit was filed was due to a completely inadequate response from your company. When someone is the victim of identity theft, it is simply a nightmare trying to get false information removed from a credit file. I have contacted all of the false creditors listed on my credit file. I have challenged all of the false listings on my credit file. Nothing ever happened to fix the situation. 
Over 90 days ago, I wrote to each of the creditors in question and demanded proof that I am their customer. I asked for proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. So far, none of them has been able to provide such proof to me. I have sent follow-up letters to each of them and there still is no proof. I have attempted phone contact, but I simply get transferred around and nothing ever gets accomplished. 
I have fully investigated my rights in this matter. Under the principals of estoppel, if no proof is provided to me within 30 days, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

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