Consumer complaint received 2024-02-09
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc. (IL)

XXXX XXXX XXXXXXXX and Experian continue to report an alleged debt that I do not owe and they have not validated or verified as belonging to me. Reporting this account is a violation of my consumer rights under FCRA and FDCPA. 

( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.

( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.

( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.

( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph.

( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).

( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).

( 3 ) Resale of consumer report to a Federal agency or department Notwithstanding paragraph ( 1 ) or ( 2 ), a person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall not disclose the identity of the end-user of the report under paragraph ( 1 ) or ( 2 ) if ( A ) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( B ) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.

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 : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.

( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.

( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.

( 13 ) The false representation or implication that documents are legal process.

( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization.

( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.

( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.

( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ).

( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.

( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.

( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.

( c ) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made.

( d ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee.