Consumer complaint received 2024-10-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc. (TX)

XXXX XXXX Final Demand Pre-Lawsuit Notice Regarding Multiple Legal Violations It is XXXX clear that XXXX XXXX has chosen to completely ignore federal law, and I will no longer waste my time attempting to explain your violations. On the advice of my attorney, I am proceeding with legal action due to your blatant disregard for the Gramm-Leach-Bliley Act ( GLBA ) and your repeated violations of consumer protection laws under 15 U.S.C. 1681. 

In addition to the numerous issues Ive raised, let me make it perfectly clear that XXXX XXXX is also implicated in a lawsuit I have pending against XXXX XXXX XXXX due to their contract violations. XXXX XXXX XXXX placed the wrong address on my contract, despite having my correct address from my drivers license, which they copied. This incorrect address appears to have been deliberately placed on the contract. After addressing this with XXXX XXXX XXXX, I received a new contract with the correct address that matches my drivers license, and I have a copy of this corrected contract. 

However, XXXX XXXX continues to use the invalid contract, which was clearly sent to you by XXXX XXXX XXXX with incorrect information. This demonstrates either negligence or deliberate malfeasance on XXXX XXXX part. It is your responsibility to ensure that the contract you are using is accurate and lawful. I am not here to explain to you that you are continuing to violate the law and my protected rights under it. Read the contract XXXX XXXX. You are willfully operating on an invalid document with the wrong address, and youve chosen to ignore the corrected information that has been provided. 

Despite my explicit opt-out request at the time of purchase from XXXX XXXX XXXX XXXX XXXX have disregarded my legal rights and continued to report private transactions to the credit bureaus. Your claim that a welcome letter was sent to the wrong address, explaining your intention to report my information to the bureaus, is not only irrelevant but illegal. 15 U.S.C. 6802 clearly states that consumers must have the option to opt out at the time of purchase. Even if you had sent the letter, it would not absolve you of your responsibility to follow the law.

Furthermore, you have failed to provide proof that you mailed my billing statements 21 days before the due date, as required by Regulation Z of the Truth in Lending Act ( TILA ), 12 CFR 1026.5 ( b ) ( 2 ) ( ii ). This regulation mandates that creditors provide billing statements at least 21 days before the payment due date to ensure the consumer has adequate time to pay. You have not done so, and all three major credit bureausExperian, Equifax, and TransUnionhave confirmed that they do not have any 21-day verification on file, despite your claim that you sent it to them. This shows either deliberate dishonesty or continued incompetence.

To make matters worse, my account has been on autopay for the past five months, and yet you continue to report late payments. This is fraudulent. Despite automatically deducting payments from my account, you falsely report me as late to the credit bureaus. Your unlawful actions have severely damaged my credit, making it difficult for me to obtain credit and harming my ability to provide for my household, where I am the sole provider. Your actions have caused immense mental and physical stress, and you are responsible for the harm you have inflicted.

I demand that you immediately provide the following : 1. Proof that you mailed all billing statements at least 21 days before the due date, as required by 12 CFR 1026.5 ( b ) ( 2 ) ( ii ).

2. Documentation of any verification sent to the credit bureaus to validate the 21-day mailing.

3. A copy of the so-called welcome letter that you claim was sent to the wrong address.

4. An explanation of why you are still using the incorrect contract with the wrong address provided by XXXX XXXX XXXX, despite being fully aware of its invalidity. 

XXXX XXXX has had multiple opportunities to correct these issues, and yet you continue to violate 15 U.S.C. 1681 and Regulation Z of the Truth in Lending Act. Your continued violations, including your failure to respect my opt-out request, your reliance on an invalid contract, and your false reporting to credit bureaus, have caused significant harm to my credit and well-being. 

I will be seeking statutory damages of up to {$1000.00} per violation, along with punitive damages, attorneys fees, and court costs. This letter serves as your final pre-lawsuit notice. Expect to hear from my attorney shortly.