Consumer complaint received 2024-10-09
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. (AL)

Subject : Request for Removal of Inaccurate Collections Account and Compensation for Damages To Whom It XXXX Concern, I am writing to formally dispute the collection account reported by XXXX XXXXXXXX XXXX XXXX AND EXPERIAN on my credit report. 

I do not have any account or contractual relationship with this third-party. Reporting this debt without any legitimate contractual basis is a violation of my rights under federal and state laws, and I demand immediate removal of this false information from my credit report. 



NOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT.

Violations of the FDCPA, FCRA, : This situation constitutes a violation of the Fair Debt Collection Practices Act ( FDCPA ) under 15 U.S.C. 1692 et seq., specifically for : False or Misleading Representations : It is illegal for a debt collector to misrepresent the character, amount, or legal status of a debt ( 1692e ).

Unfair Practices : The reporting of an invalid debt without any basis is an unfair practice under 1692f.

Additionally, this false reporting violates the Fair Credit Reporting Act ( FCRA ) under 15 U.S.C. 1681 et seq., as follows : Failure to Verify the Accuracy of Information : FCRA mandates that any reporting agency must ensure the accuracy of the information it reports ( 15 U.S.C. 1681e ( b ) ).

Unauthorized Reporting : Without a valid contract between myself and the third-party debt collector, there is no permissible purpose under 15 U.S.C. 1681b to report this collection account.

United States Constitutional Violations : This false reporting is also a violation of my rights under the Fourteenth Amendment of the United States Constitution, which guarantees protection from the deprivation of life, liberty, or property without due process of law. The false information on my credit report has harmed my ability to seek loans and caused reputational damage.

Relevant Supreme Court Case Law : The Supreme Court has long upheld that credit reporting and debt collection practices must adhere to fair and transparent procedures, as established in XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) and XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ). Both cases emphasize that violations of federal consumer protection laws, such as the FDCPA and FCRA, result in real harm, including monetary and reputational damage, which entitles victims to relief.

Demand for Immediate Removal and Compensation : Given the aforementioned violations, I demand the immediate removal of this collection account from my credit report. Additionally, under the FDCPA and FCRA, I am entitled to statutory damages, actual damages, and punitive damages for the harm caused by this false reporting.

Should this matter not be resolved promptly, I will not hesitate to take further legal action to seek all remedies available to me, including monetary compensation for damages, as provided under 15 U.S.C. 1681n and 1692k, along with attorneys fees and costs. 

Please acknowledge this dispute within the time frame mandated by law and confirm that the collection account has been removed. 

Sincerely, XXXX XXXX XXXX