Consumer complaint received 2024-10-14
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. (NC)

Experian XXXX XXXX XXXX XXXX XXXX XXXX RE : Your Company is Violating the United States Code Law NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY COMPENSATION UNDER FCRA 15 U.S. Code 1681n Civil liability for willful noncompliance and 15 U.S. Code 1681o Civil liability for negligent noncompliance and 15 U.S. Code 1692k civil liability.

Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to amicably resolve your continued violation of the Fair Credit Reporting Act regarding your refusal to delete INACCURATE, Unverifiable and Invalidated information from my consumer file. I intend to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 if the INACCURATE, Unverifiable and Invalidated items listed below are not deleted immediately. A copy of this letter as well as INACCURATE ERRONEOUS ITEMS sent to you previously will also become part of a formal complaint to the Federal Trade Commission and shall be used as evidence in pending litigation provided you fail to comply with this offer of settlement.

YOU ARE IN DIRECT VIOLATION OF THE FCRA, the unverified items listed below still remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your investigations, you stated in writing that you verified that these items are being reported correctly Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore, you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly DELETE all information which can not be verified.

Its very obvious that your agency doesnt know what the FCRA is because from the looks of my credit report and all the errors i see you are disregarding it so heres my breakdown.

1.The Fair Credit Reporting Act is the primary federal law that governs the collection and reporting of credit information about consumers. Its rules cover how a consumer 's credit information is obtained, how long it is kept, and how it is shared with othersincluding consumers themselves.

2. What is a FCRA violation?

Creditors give reporting agencies inaccurate financial information about you. Reporting agencies mixing up one person 's information with another 's because of similar ( or same ) last name or social security number. Agencies fail to follow guidelines for handling disputes.

3. My rights under the fair credit reporting act Verify the accuracy of my report when it is required for employment purposes.

Receive notification if information in my file has been used against me in applying for credit or other transactions.

Disputeand have the bureaus correct and deleteinformation in my report that is incomplete, inaccurate, and unverifiable.

Remove outdated, negative information ( after seven years in most cases, 10 in the case of bankruptcy ).

I demand these items be deleted immediately. I entered the items and the outcome I desire below because you are in violation and these items are not 100 % accurate and they are either INACCURATE, Unverifiable and Invalidated. I recently applied for extended credit and was denied i am in distress because of your mistakes.

The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. 

1. I Exercise 15 USC 1681i5 ) Removal of Inaccurate Unverified Credit Information XXXX XXXX XXXX Account Number : XXXX As a consumer by law this account must be deleted immediately! 

2. Under 15 USC 1692j- Furnishing Certain Deceptive forms. I am not participating in the collection of this alleged debt. Cease and Desist ASAP! 
XXXX XXXX XXXX IN Account Number : XXXX Provide proof or this allege, item, specifically the original application, contract, not or other instrument bearing my signature. Failing that, the item must be deleted from the report as soon as possible. 

3. Account involved in litigation " an incorrect high balance '' an inaccurate date of last activity " REAGED ACCOUNTS '' " Reinsertion WITHOUT PROPER NOTICE '' an undated late pay a charge off listed as open a collection account with a limit. 
XXXX XXXX XXXX Account Number : XXXX FDCPA 807 FALSE AND MISLEADING REPRESENTATION. PLEASE DELETE THIS ACCOUNT FROM MY CREDIT REPORT.

4. FCRA 15 U.S.C. 1681i- ALL UNVERIFIED ACCOUNT MUST BE PROMPTLY DELETED. I NEED YOU TO DELETE THIS ACCOUNT FROM MY CREDIT REPORT YOU CAN NOT KEEP ON VIOLATING MY RIGHTS TO PRIVACY. 
XXXX XXXX XXXX  Account Number : XXXX I DEMAND THAT THIS ACCOUNT BE DELETED IMMEDIATELY FROM MY CREDIT REPORT YOU NEVER PROVIDED ANY COPY OF THE VERIFIABLE PROOF THAT YOU HAVE ON FILE FOR THIS ACCOUNT YOU CAN NOT KEEP ON VIOLATING MY RIGHTS. 

5. Account involved in litigation " an incorrect high balance '' an inaccurate date of last activity " REAGED ACCOUNTS '' " Reinsertion WITHOUT PROPER NOTICE '' an undated late pay a charge off listed as open a collection account with a limit. 
XXXX Account Number : XXXX Please remove it from my credit report. 

6. I do not know where this account came from. Block of information under 15 USC 1681c-2. 
XXXX Account Number : XXXX Please delete this entire account from my credit report. 

XXXX. Unauthorized/Erroneous Account RESULT OF The XXXX Date XXXX Direct Violation of The FCRA Reporting falsely ; Please Remove this from my credit report. 
XXXX XXXX Account Number : XXXX Please remove this from my credit report. 

8. Violation to my rights 15 USC 1681 ( a ) ( 4 ) -respect for the consumers right to privacy ; responsibilities w/fairness & impartiality congressional findings & statement of purpose XXXX Account Number : XXXX This is a Violation of my Consumer Rights, please Delete Immediately.

9. A CHARGE OFF ACCOUNT CAN NOT CARRY A BALANCE. IT IS A VIOLATION TO REPORT INACCURATE INFOMRATION. 
XXXX XXXX XXXX XXXX Account Number : XXXX Please Delete this Account the account is reporting inaccurate information under My Rights the Fair Credit Reporting Act.

10. The following name is incorrect & not the accurate spelling of my name. 
Also Known As : XXXX XXXX I have NEVER been Known by this name ; Please DELETE this Inccurate Information.

11. The following name is incorrect & not the accurate spelling of my name. 
Also Known As : XXXX XXXX I have NEVER been Known by this name ; Please DELETE this Inccurate Information.

12. The following name is incorrect & not the accurate spelling of my name. 
Also Known As : XXXX XXXX XXXX I have NEVER been Known by this name ; Please DELETE this Inccurate Information.

13. The address listed below is Incorrect and Undeliverable to Me. 
XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XX/XX/year> I have do not Live There ; Please DELETE this Inaccurate Information IMMEDIATELY. 

14. The address listed below is Incorrect and Undeliverable to Me, it belongs to my mom. 
XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX  XXXX XX/XX/year> I have do not Live There ; Please DELETE this Inaccurate Information IMMEDIATELY.

PLEASE DELETE ALL EMPLOYMENT LISTED AS IT IS NOT REQUIRED!

VIOLATION OF 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agencym under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. 

Please note that you have 30 days to complete this investigation, as per the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within ( 5 ) days of the completion of your re-investigation and I am keeping a careful record of your actions, including your Method of Verification. I do not consent to e-Oscar or any means of automated verification.

Failure to respond satisfactorily within 30 days of receipt of this certified letter may result in a small claims action against your company, seeking {$5000.00} per violation for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violations of the Fair Credit Reporting Act 4. ) Financial Injury P.S. Please be aware that dependent upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action. I am also including a copy of my complaint to the organizations below : CC : Consumer Financial Protection Bureau CC : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX  Consumer Financial Protection XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  CC : Attorney Generals Office CC : Better Business Bureau XXXX : XXXX XXXX XXXX : Federal Deposit Insurance Corporation XXXX : Comptroller Of The Currency CC : Federal Reserve System XXXX : Credit and insurance CC : Federal Trade Commission CC : State Regulatory agency CC : XXXX Regulatory agency Division of consumer complaints WITHOUT PREJUDICE, ALL NATURAL INALIENABLE RIGHTS ARE RESERVED. 

UCC1-308.4