Consumer complaint received 2020-04-14
Company: Experian Information Solutions Inc.
State: FL
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:
Legal Department, This credit dispute is being submitted as a new evidence dispute. The accounts that are being disputed, does not belong to me. The below is my sworn statement concerning these credit issues.

It is my sworn statement that I declare under penalty of perjury ( " under the laws of the United States " if executed outside of the United States '' ) that the foregoing is true and correct to the best of my knowledge. Further, I certify that I am qualified and authorized to file this dispute. I also understand that knowing and a willful misstatement or omissions of material facts constitutes a federal criminal violation punishable under 18 U.S.C. 1001. Additionally, these misstatements are punishable l1S perjury under 18 U.S.C. 1621.

The accounts listed below are items currently within my credit file, and none of these are related to any transaction that was made by me. It is my official statement that someone and/or several people have opened these accounts and made transactions on these accounts without my knowledge or authorization, my personal information has been used to obtain goods, services, or money : and the person ( s ) responsible for creating these accounts.

I have filed a report with the Federal Trade Commission, which I have enclosed within this dispute package. I have reached out to all of these creditors and have made them aware that these accounts were fraudulently opened, and they have known this for several months, but have yet to remove these accounts from my credit reports. Some of the creditors have been cooperative and have removed the accounts, but others have refused to remove the fraudulent accounts. Therefore, I have come to you, the credit reporting agencies to resolve these issues. The law says that you must block these accounts while being investigated, and I expect that you will do so.

I made an attempt to file a police report, but I was informed by my county that it did not constitute as an emergency and that they would not file the report because I didn't have any information on the person who used my information, nor did I know how my information was obtained by this person.

Policy states ...

According to the FAIR CREDIT REPORTING ACT " FCRA '' 611 ( 15 U.S.C. 1681 ), Procedure In Case of Disputed Accuracy ...

( a ) Reinvestigations of Disputed Information ( 1 ) Reinvestigation Required ( a ) In general. Subject to Subsection <t,, if the completeness or accuracy of any item of information contained in a consumer 's file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, 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 30day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit reporting agency, are reporting incorrect accounts.

Finally, you are reporting the INQUIRIES that are the result of the same type of fraudulent activities. It must be noted that I did not apply for credit accounts with the below-listed companies and creditors, some of these are the result of attempts to open accounts, but the companies did not approve these accounts. Therefore, these inquiries must be deleted from within my credit file. You can not delete the fraudulently opened accounts without also deleting the fraudulent inquiries.

Inquiries that are made by someone else without my authorization is not a factual record of access to my credit file, it is a factual record of fraudulent activity, and it must be addressed as such. The reason that these inquiries are being disputed is because they were not made by me, and when I report this to you, it is your responsibility to investigate my claims, and when you can not prove that these inquiries were made by me, they must be removed from my credit file. It is not my responsibility to go directly to each creditor, the obligation lies at your feet because you are reporting inaccurate information within my credit report, and this violates the FCRA.

It should be noted that an inquiry that was not made by me is not a factual record, just as a fraudulently opened account is not a factual record and not referred to the creditor to be disputed directly with them. The credit reporting agencies have attempted to address an inquiry as a factual record of file access, but if it was done through fraudulent means, it is not a factual record. As a consumer, I should not be required to dispute each fraudulent inquiry directly with each company. These inquiries are the result of fraudulent activity and therefore inaccurate information in which the credit reporting agencies or the creditors can not verify, meaning that these inquiries are unverifiable information and must be deleted from out of my credit file. 

INQUIRIES : XXXX XXXX  XXXX XXXX XX/XX/XXXX XXXX | XX/XX/XXXX XXXX | XX/XX/XXXX XXXX | XX/XX/XXXX XXXX | XX/XX/XXXX XXXX XXXX XXXX XXXX | XX/XX/XXXX XXXXL | XX/XX/XXXXXXXX XXXX | XX/XX/XXXX XXXX | XX/XX/XXXX XXXX XXXX XXXX  XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXXXXXX XXXX | XX/XX/XXXX XXXX | XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX N/A AN # XXXX XXXX XX/XX/XXXX AN # XXXX XXXX XX/XX/XXXX AN # XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXXXXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX OF XXXX XXXX XX/XX/XXXX XXXX XXXX XXXXXXXX XXXX XX/XX/XXXXXXXX XXXX XXXX XXXXXXXX XXXX XX/XX/XXXX XXXX XXXX XXXXXXXX XXXX XX/XX/XXXX XXXX  OF XXXX XXXX XX/XX/XXXX XXXX XXXX | XX/XX/XXXX XXXX  XXXX | XX/XX/XXXX XXXX XXXXXXXX | XX/XX/XXXX XXXX   XXXX | XX/XX/XXXX XXXX XXXX | XX/XX/XXXX XXXX XXXX XXXX | XX/XX/XXXX XXXX XXXXXXXX XXXX  | XX/XX/XXXX XXXX  XXXX NA XXXX XX/XX/XXXX XXXX XXXX | XX/XX/XXXX XXXX  | XX/XX/XXXX XXXX | XX/XX/XXXX XXXX XXXX CO XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXXXXXX XXXX | XX/XX/XXXX XXXX  | XX/XX/XXXX XXXX  | XX/XX/XXXX XXXX  XXXX XXXX XXXX XXXX XX/XX/XXXX XXXXT XXXX XXXX  XXXX  | XX/XX/XXXX XXXX | XX/XX/XXXX XXXX  | XX/XX/XXXXXXXX XXXX XXXX XXXX   | XX/XX/XXXX XXXX  XXXX  XXXX  | XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX/XXXX  | XX/XX/XXXX XXXX  | XX/XX/XXXX XXXX XXXX | XX/XX/XXXX XXXX  XXXX  | XX/XX/XXXX XXXX  XXXX  | XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX OF XXXX XXXX XX/XX/XXXX XXXX OF XXXX XXXX XX/XX/XXXX XXXX OF XXXX XXXX XX/XX/XXXX XXXX OF XXXX XXXX XXXX XX/XX/XXXX XXXX OF XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX | XX/XX/XXXX XXXX  | XX/XX/XXXXXXXX XXXX | XX/XX/XXXX XXXX | XX/XX/XXXX XXXX | XX/XX/XXXX XXXX XXXX XXXX. XXXX XX/XX/XXXX XXXXXXXX XXXX XXXX XXXX  | XX/XX/XXXX XXXX | XX/XX/XXXX XXXX | XX/XX/XXXX TXXXX | XX/XX/XXXX XXXX | XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX  | XX/XX/XXXX I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency, report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is with this in mind that I request that these listed accounts and items be BLOCKED and DELETED! 

Policy states ... 

According to the FAIR CREDIT REPORTING ACT " FCRA '', Section XXXX ( XXXX ) Block of information resulting from identity theft. 

XXXX. XXXX. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than XXXX XXXX XXXX ) business days after the date of receipt by such agency of ... 

XXXX. Appropriate proof of identity of the consumer ; XXXX. A copy of an identity theft report XXXX. The identification of such information by the consumer ; and A statement by the consumer that the information relating to the transaction by the consumer. 



All furnishers of information to consumer reporting agencies must comply with all applicable regulations. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau 's website, www.cons umerfinance.gov/learnmore. 

NOTICE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act ( FCRA ), XXXX U.S.C XXXX y, imposes responsibilities on all persons who furnish information to consumer reporting agencies ( CRAs ). These responsibilities are found in Section XXXX of the FCRA, XXXX U.S.C XXXX. State law XXXX impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and XXXX want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is available at the website of the Consumer Financial Protection Bureau XXXX CFPB XXXX : www.consumerfinanoe.gov/learnmore. A list of tile sections of tile FCRA cross-referenced to the XXXX XXXX is at the end of this document. 

Section XXXX imposes the following duties upon furnishers : Accuracy Guidelines The FCRA XXXX XXXX to comply with federal guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. Federal regulations and guidelines are available at www.consumerfinance.gov/learnmore. Section XXXX XXXX XXXX XXXX. 

General Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers XXXX write to notify the furnisher that certain information is inaccurate. Sections XXXX XXXX a ) ( l XXXX XXXX XXXX XXXX and XXXX a ) ( l ) ( C ). 

Duty to XXXX and Update XXXX If at any time a person who regularly and in the ordinary course of business furnish.es information to XXXX or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections and must thereafter report only the complete and accurate information. Section XXXX XXXX a ) ( XXXX XXXX. 

Duties After Notice of XXXX from XXXX If a consumer notifies a furnisher, at an address specified for the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section XXXX XXXX a ) ( l ) ( B ). 

If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher XXXX not subsequently report that information to a CRA without providing notice of the dispute. Section XXXX XXXX a ) ( XXXX ). 

Furnishers must comply with federal regulations that identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Under this regulation, XXXX furnishers mu.et complete an investigation within 30 days XXXX or 45 days, if the consumer later provides relevant additional information ) unless the dispute is frivolous or irrelevant or comes from a credit repair organization. XXXX XXXX XXXX a ) ( XXXX ). Federal regulations are available at www.consumerfinance.gov/learnmore. Section XXXX ( a ) ( XXXX ) Duties After Notice of Dispute from Consumer Reporting Agency If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must : XXXX an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections XXXX XXXX b ) ( l ) ( A ) and ( b ) ( XXXX ) ( B ). 
Report the results to the CRA that referred the dispute and, if the investigation establishes that the information was in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Section XXXX XXXX b ) ( l ) ( C XXXX and XXXX b ) ( l ) ( D ). 
Complete the above steps within 30 days from the date the CRA receives the dispute XXXX or 45 days, if the consumer later provides relevant additional information to the CRA XXXX. Section XXXX XXXX b ) ( XXXX XXXX. 
Promptly modify or delete the information or block its reporting. Section XXXX ( b ) ( l ) ( XXXX ), Duty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnished information to XXXX or more CRA.s must report this fact when .it provides information to CRA.s for the time period in which the account was closed. Section XXXX XXXX a ) ( XXXX ). 

Duty to Report XXXX of Delinquencies If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer 's file. Section XXXX XXXX a ) ( XXXX ). 

Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRA.s XXXX comply with the requirements of XXXX XXXX XXXX a ) ( XXXX ) ( until there is a consumer dispute ) by reporting the slime delinquency date previously reported by the creditor. H the creditor did not report this date, they XXXX comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date can not be reasonably obtained, by following reasonable procedures to ensure that the data reported precedes the date when the account was placed for collection charged to profit or loss, or subjected to any similar action. Section XXXX XXXX a ) ( XXXX ). 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX institutions that furnish information to " nationwide '' consumer reporting agencies, as defined in Section XXXX ( p ), must notify consumers in writing if they XXXX furnish or have furnished, negative information to a CRA. Section XXXX XXXX a ) ( XXXX ). The CFPB has prescribed model disclosures, XXXX XXXX XXXX XXXX, App. B. 

Duties When Furnishing Medical Information A furnisher whose primary business is providing XXXX XXXX, products, or devices ( and such furnisher 's agents or assignees ) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section XXXX XXXX a ) ( XXXX ). This notice will enable CRAs to comply with their duties under XXXX XXXX XXXX g ) when reporting medical information. 

Duties When ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft and to prevent refurnishing the information in the future. A furnisher XXXX not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section XXXX XXXX a ) ( XXXX ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each CRA of the correct information and must thereafter report only complete and accurate information. Section XXXX XXXX a ) ( XXXX XXXX. When any furnisher of information is notified pursuant to the procedures set forth in XXXX XXXX that a debt has resulted from identity theft, the furnisher XXXX not sell, transfer, or place for collection the debt except in certain limited circumstances. Section XXXX. 

The CFPB 's website, www.consumerfinance.gov/learnmore, has more information about the FCRA, including publications for business and the full text of the FCRA. 

Citations for FCRA sections in the XXXX Code, XXXX U.S.C. XXXX seq. : I have provided all of the above-listed items within this package. Therefore, I expect these listed accounts to be deleted and blocked within XXXX XXXX XXXX ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted.

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 non-monetary relief