Consumer complaint received 2023-02-03
Company: LEXISNEXIS
State: GA
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:
In XXXX, my identity was stolen and used to file taxes and in XXXX, my identity was used to apply for loans, credit cards, and only God knows what else according to my knowledge. As I'm not exactly sure who nor when, I can only assume it's due to the black web and also when my personal information was auctioned off in a storage unit that I lost in XXXX. I immediately placed an initial fraud alert on all XXXX of my credit files with all XXXX major credit bureaus. I then signed up for credit monitoring and I have filed an ID theft affidavit and a police report. Your help would greatly be appreciated to resolve this issue. As you well know it is a violation of the FCRA to report erroneous information and accounts without original contracts with signatures. I ask that you validate these debts fully so that this issue may be resolved immediately. In XXXX and XXXX, the Big 3 CRAs stopped reporting public records and tax liens as part of three nationwide class action settlements. 

As a result, LexisNexis has decided to take advantage of the major consumer reporting agencies decision to stop selling LexisNexiss data by marketing and selling its public record data in its own consumer reports. 

Up until now, LexisNexis uses automated procedures and vendors to collect information regarding judgments and tax liens that undergo little to no quality control, and such information is not adequately updated nor correct. 

LexisNexis continues to disregard inadequate procedures despite consumer disputes, and instead of rectifying it, they rely on consumers to clean up their own files via the dispute process after learning of any inaccuracy rather than ensuring that the data it was collecting was accurate in the first place.

Under the Fair Credit Reporting Act, 15 U.S.C. 1681g, I have the right to demand that you disclose to me all the documents that you have recorded and retained in your file at the time of this request concerning the accounts that you are reporting in my consumer report. Please dont respond to my request by saying that these accounts have been verified. Send me copies of the documents that you have in your files that were used to verify them.

If you do not have any documentation in your files to verify the accuracy of these disputed accounts then please delete them immediately as required under FCRA Section 611 ( a ) ( 5 ) ( A ) ( i ). Under the FCRA 15 U.S.C. 1681i, all inaccurate or incomplete or can not be verified accounts must be promptly deleted.

Please be aware that in several cases, the courts clearly ruled that the credit reporting agencies couldn't merely parrot information from the creditors, collection agencies, and other sources. All credit reporting agencies must conduct an independent and reasonable investigation to ensure the validity of the debt in dispute. Do NOT shift the burden back to me, the consumer, to contact the original creditor to furnish verification.

Also, pursuant to FCRA Section 623 ( a ) ( 3 ), if a consumer disputes an account, it must be marked as disputed. By publishing these inaccurate, incomplete, and unverified items on my credit report and distributing them to 3rd parties you are damaging my reputation and credit worthiness. 

Therefore, this is my formal notice of intent to sue for your violations of the FCRA and I am seeking full remedy for damages. I am formally demanding {$20000.00} monetary compensation and deletion of allnegative accounts due to defamation of character and denial of credit. If my demands are not met, a civil suit will be filed in small claims court in Georgia XXXX XXXX. 

Here are the FCRA violations that I am seeking remedy for : -ID Theft enabling -Furnishing/Reporting inaccurate information -Old and outdated personal information -Reporting closed accounts as open/active -Illegal consumer report requests -Impermissible purpose -Failure to follow debt dispute procedures -Failure to conduct reasonable investigation -Reporting missed and/or late payments wrong -Privacy Violations -Reporting old debt as new or re-aged -Reporting information from over 7 years ago -Failure to notify that consumer disputes -Duplicate accounts Please DELETE the following public records from my consumer file unless you can furnish proof from the county clerk office with full name, title, phone number, and signature on original court document with court seal. 

XXXX XXXX XXXX XXXX XXXX XXXX File # XXXX Record State : XXXX XXXX : XXXX Plaintiff Information : XXXX XXXX Address : XXXX XXXX XXXX XXXX XXXX GA XXXX Filing Date : XX/XX/XXXX I contacted the XXXX XXXX Clerk office in the State of Georgia and was informed that clerks and any court officials at the Magistrate or Municipal Court DO NOT provide, parrot, nor verify any information to third party consumer reporting agencies nor data furnishers such as LexisNexis. 

Therefore, LexisNexis can not verify the accuracy of any public records that it has on a consumers file and items must be deleted immediately. 

I appreciate your prompt attention to this matter. Please send me a letter after you have deleted the information from my credit report.

Company response to consumer: Closed with explanation