Consumer complaint received 2022-02-06
Company: Experian Information Solutions Inc.
State: IL
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:
XXXX is intentionally, illegally, fraudulently reporting incorrect, inaccurate, information to the consumer reporting agencies. And the consumer reporting agencies are intentionally, illegally, fraudulently reporting this inaccurate, incorrect information without verifying the information first. I have disputed these XXXX XXXX accounts for the last 2 years with no resolution from XXXX, Experian, XXXX, XXXX or XXXX. I first learned about XXXX in XXXX and immediately contacted them and the consumer reporting agencies to find out who they were and why they just added to new open accounts from XX/XX/XXXX. I never signed a contract with XXXX. I never borrowed any money or took out a loan with XXXX. I never authorized XXXX to run my credit or report anything to my credit. I never provided XXXX with my personal information in an effort to open any new accounts or take out any loans. Therefore, they are intentionally, knowingly, fraudulently stole my identity in an effort to collect on a debt that they do not rightfully own. I never received any written correspondence from XXXX via U.S Mail advising that they were a collection agency or debt collector when they originally claimed to acquire the debt in XXXX. Therefore, I began disputing and appealing these XXXX accounts with the consumer reporting agencies and XXXX. The consumer reporting agencies just kept stating that the debt was verified by XXXX. I requested proof of the verification and a copy of the investigation. I have not received anything from the consumer reporting agencies to date. XXXX continues to send me copies of billing statements that they have generated and not the actual validation of debt, proof of ownership, proof of purchased debt, proof of certificate that verifies that they can legally collect on a debt in my State. Besides, XXXX continues to argue that this debt originated from my attendance or enrollment at XXXX XXXX XXXX in XXXX. However, I never attended XXXX in XXXX. After doing my own research, I learned that these loans originated from XXXX XXXX and was transferred to XXXX ( XXXX ) when the loans defaulted in XXXX. I've never made a payment on these accounts so even if the debt was valid, it's been more than 7 years so the Statue of Limitations was exceeded in XXXX. XXXX knowingly, intentionally, fraudulently re-aged the debt and reported it to the consumer reporting agencies in an effort to collect on a debt that they don't own. THAT'S FRAUD! They reported this debt as if they were the original creditors from XXXX! THAT'S FRAUD! They've been reporting paid as agreed, on time, never late even though I've NEVER paid them anything NEVER! Once they saw that I wasn't given in to them, they reported the account 90 days late for XX/XX/XXXX and 120 days late for XX/XX/XXXX. THIS IS FRAUD! XXXX IS FRAUDULENT! I NEVER gave XXXX, XXXX, Experian, XXXX or XXXX any verbal or written consent to report anything on my consumer report. No consent is IDENTITY THEFT! A copy of the law is attached with this dispute. You also do not have any permissible purpose to furnish my personal information to any third party! 15 USC 1681b Permissible purpose of consumer reports IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. SO I DEMAND DELETION OF ALL XXXX REPORTED ACCOUNTS EFFECTIVE IMMEDIATELY! I sent the following correspondence to XXXX and they have NEVER completed and sent the correspondence back to me. Validation of a Debt Request Pursuant to 15 USC 1692g. BE ADVISED, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g stating your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request your offices provide me with competent evidence that I have any legal obligation to pay you. At this time, I will also inform you that if your offices have reported invalidated information to any of the XXXX major credit bureaus ( Experian, XXXX or XXXX ) this action may constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : violation of the Fair Credit Reporting Act, violation of the Fair Debt Collection Practices Act, and Defamation of Character ( per se ). If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 60 days to investigate this information, during which time all collection activity shall CEASE and Desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of information to a credit reporting repository that could be inaccurate or invalidated. If your office fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file, and a copy of such deletion request shall be sent to me immediately. The Following information is required. Please fill out the form below in its entirety. Name and address of Alleged creditor : Name on file of alleged debtor : Alleged Account # : Address on file for alleged debtor : Amount of alleged debt : Date this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to a debt collector or purchased? ____ No ____Yes Amount Paid if debt was purchased : Commission for debt if collection efforts are successful : Please attach copies of the following : Agreement with your client that grants COLLECTION COMPANY NAME the authority to collect this alleged debt. 
Signed agreement Debtor has made with Debt Collector, or other verifiable proof Debtor has a contractual obligation to pay Debt collector.

Any agreement that bears the signature of Debtor, wherein agreed to pay Creditor. 
All statements while this account was open, including all charges, fees, interest accrued, payments and credits. 
Have any insurance claims been made by any creditor regarding this account? 
Yes No Have any Judgements been obtained by any creditor regarding this account? 
Yes No Please provide me the name and address of the bonding agent for COLLECTION COMPANY NAME, in case legal action becomes necessary : Date : ________________ _________________________ Authorized Signature of Creditor You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 calendar days from the date of receipt of this letter. 
Your Claim can not and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for Validation made pursuant to the Fair Debt Collection Practices Act. 
Please allow 60 calendar days for processing after I receive this information. 

NOTICE AND DEMAND FOR CEASE AND DESIST FOR ACCOUNT # XXXX To Whom It Might Concern : I have requested that you validate the alleged debt that you claim that I owe, and all you have provided me with are excuses, statements and partial account history for accounts that you can NOT prove are mine or prove that you have the legal right to collect on the debt!

You have violated my consumer rights under the Fair Debt Collection Practices Act ( FDCPA ) 15 USC 1692 ( g ) - Failure to validate this alleged debt. 
I refuse to pay this alleged debt until the proper validation of this debt is provided. Please cease and desist all collection activities until you can properly validate this alleged debt. 
15 USC 1692c ( c ) Ceasing communication - If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt.

Proper validation of this alleged debt was NOT provided to me within 30 calendar days of receiving my last request dated for XX/XX/XXXX so Im now assuming that this alleged debt is fraudulent and invalid and therefore, you shall submit to myself and all consumer reporting agencies within 72 hours upon receipt of this letter, in writing, on company letterhead, via US Mail that ALL of the accounts should be deleted effective immediately and stop ALL collection activities regarding these accounts.

Furthermore, you do NOT have any jurisdiction or authority to even collect on these alleged debts.

FDCPA 811 [ 15 USC 1692i ] Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall : ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.

( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. 
By the way, if you ever decide to turn this alleged debt over to an attorney to collect and violate my rights under the FDCPA 15 USC 1692 even further, just keep in mind that an attorney can NOT be a debt collector and a debt collector can NOT be an attorney.

FDCPA 807 [ 15 USC 1692 ( e ) ( 3 ) ] False or misleading representations A debt collector may NOT use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that any individual is an attorney or that any communication is from an attorney. 
With all that was said above, for EACH VIOLATION of the FDCPA that you have committed I am entitled to {$1000.00} per violation. You dont believe me? Ok, let me show you what the law says : FDCPA 813 [ 15 USC 1692k ] Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00}. 
I recently received a copy of my Experian, XXXX and XXXX consumer reports and I noticed that youre still reporting some late payments from over 7 years ago AND for the current year for XXXX - XX/XX/XXXX, they are as follows : XXXX  XXXX XXXX  XXXX Your company is in clear violation of the law. Pursuant 15 USC 1681a 2 ( A ) ( i ) EXCLUSIONS- Except as provided in paragraph ( 3 ), the term consumer report does not include : subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; THE LAW CLEARLY STATES : Transactions between the consumer ( ME ) and the person ( YOU ) XXXX  Making the report is not INCLUDED on my Consumer report! 
A Late payment is a transactional history, My HISTORY with your company and CONGRESS clearly states that the reporting of Transactions or experiences between the CONSUMER and the PERSON making the report is not included on the consumer reports! YOU HAVE VIOLATED THE FCRA 15USC 1681a 2Ai by reporting this transaction or experience on my consumer which CONGRESS clearly states IS NOT included on my CONSUMER REPORTS. 
You have THREE calendar days to update my Payment history and/or delete all late payments from the below account : Failure to respond satisfactorily with deletion of the above Late Payments, will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : Defamation of Character Negligent Non Compliance Civil Liability Mental Anguish Denial of Credit Approval from other lenders due to false & illegal reporting Decreased credit ratings Time spent repairing, updating and monitoring credit Fair Credit Reporting Act 15 USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] Your Options are as follows : Delete this account and cease and desist with all collection activities ; Close ALL account, credit all balances to {$0.00}, report NEVER late, remove all negative history; or We go to court and you incur lawyer fees, plus pay me {$1000.00} per violation along with more accrued damages. 

Please accept this letter as my request to receive a FREE, FULL, COMPLETE, PRINTED COPY OF MY Consumer Report AND Score! I am DEMANDING that you MAIL me a FREE, FULL, COMPLETE, PRINTED COPY OF MY CONSUMER REPORT AND SCORE! 

Please also accept this letter as notice and confirmation that I hereby OPT OUT and do NOT wish to resolve any disputes with XXXX, XXXX, XXXX, Experian or XXXX through arbitration. Again, I reject the arbitration clause in the XXXX, XXXX, Experian XXXX and XXXX interactive service agreement. 

I, NEVER gave XXXX, XXXX, Experian, XXXX or XXXX any verbal or written consent to report anything on MY consumer report. NO consent is IDENTITY THEFT! A copy of the law is attached with this dispute. You also do NOT have any permissible purpose to furnish my personal information to any third party. Therefore, I DEMAND you to immediately CEASE & STOP ALL information collection, sharing, selling, marketing, soliciting, purchasing of my personal information with ANY AND ALL 3rd party agencies! DO NOT COLLECT, SHARE, MARKET, SOLICIT, PURCHASE OR SELL ANY OF MY PERSONAL INFORMATION TO OR FROM ANY 3RD PARTY AGENCY!

15 USC 1681b Permissible purpose of consumer reports IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

I am requesting to PERMANENTLY OPT OUT of prescreened offers! I AM DEMANDING THAT MY NAME, ADDRESS AND ANY OTHER PERSONAL INFORMATION ABOUT ME BE DELETED AND SUPPRESSED FROM YOUR FILES AND EVERY 3RD PARTY AGENCY THAT YOU HAVE PREVIOUSLY SOLD, SHARED, COLLECTED, MARKETED OR PURCHASED FROM EFFECTIVE IMMEDIATELY! I AM DEMANDING TO BE PERMANENTLY OPTED OUT OF PRESCREENED OFFERS EFFECTIVE IMMEDIATELY! I DO NOT GIVE YOU PERMISSION TO CONTACT ME VIA PHONE OR EMAIL. DO NOT STORE ANY PHONE NUMBERS OR EMAIL ADDRESSES. ALL CORRESPONDENCE SHOULD BE SENT VIA US POSTAL MAIL ONLY. Thank you so much in advance for updating and noting my account with these details immediately upon receipt of this notice. DELETE EVERY ACCOUNT FROM ALL SOURCES AND ALL THIRD PARTY REPORTING AGENCIES! DELETE ALL PERSONAL INFORMATION, DELETE ALL BALANCES! DELETE ALL REPORTING ACCOUNTS, DELETE ALL PHONE NUMBERS, DELETE ALL EMAIL ADDRESSES, DELETE ALL RECORDS OF THESE FRAUDULENT ACCOUNTS! SEND ME A CHECK FOR {$100000.00} FOR STEALING MY IDENTITY AND COMMITTING FRAUD!

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