Consumer complaint received 2024-10-16
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Old information reappears or never goes away
Company: Experian Information Solutions Inc. (CA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX Phone Number : XXXX XX/XX/year>XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, GA XXXX RE : Dispute of Debt - Account Number : [ XXXX ] Dear Sir or Madam, I am writing to dispute the validity of the debt you are attempting to collect in connection with XXXX XXXX XXXX XXXX. This account was previously deleted from my credit report due to a proven case of identity theft, which I have officially reported to the relevant authorities. I have provided documentation of this, including a police report and an affidavit with the Federal Trade Commission ( FTC ). The accounts sudden reappearance on my credit report, after being removed due to fraud, is highly concerning and may constitute a violation of multiple federal laws, including the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ).

First and foremost, FCRA Section 605 ( a ) prohibits the re-reporting of previously disputed and deleted accounts due to fraud, especially after they have been verified as fraudulent. Your actions may also be in violation of FDCPA Section 1692e, which prohibits false, deceptive, or misleading representations in connection with the collection of any debt. The attempt to resell, re-report, or otherwise double-dip on a debt that was already deemed fraudulent raises serious legal concerns, including the intentional manipulation of consumer reports. 

I am asserting my rights under FCRA Section 609 ( a ) to request full and complete validation of the debt you are attempting to collect. This validation must include the original contract bearing my signature, along with clear documentation proving that I am the party responsible for this alleged debt. Furthermore, under FDCPA Section 809 ( b ), you are required to cease all collection efforts until such validation is provided.

In addition, the FCRA Section 623 ( a ) ( 1 ) ( A ) mandates that furnishers of information must ensure the accuracy and completeness of the information they report to credit bureaus. By re-reporting this fraudulent account, despite being notified of its fraudulent nature, your organization has failed to meet this legal obligation. This has caused significant harm to my creditworthiness, dropping my XXXX XXXX by XXXX points and preventing me from obtaining vehicle financing, which was in process at the time. 

Moreover, knowingly attempting to collect on a fraudulent debt or failing to investigate and validate a dispute is not only a violation of FCRA Section 611 ( a ) ( 1 ) but could also be considered criminal conduct under 18 U.S.C. Section 1028, which addresses fraud and identity theft, and 15 U.S.C. Section 1681q, which outlines criminal penalties for obtaining consumer information under false pretenses. 

To summarize, your company is in violation of : 1. FCRA Section 605 ( a ) prohibiting the re-reporting of deleted or fraudulent accounts.

2. FCRA Section 623 ( a ) ( 1 ) ( A ) requiring furnishers to report accurate and complete information.

3. FDCPA Section 1692e prohibiting deceptive practices in the collection of debts.

4. FDCPA Section 809 ( b ) requiring validation of debts upon dispute and halting collection until such validation is provided.

5. 18 U.S.C. Section 1028 regarding criminal identity theft.

6. 15 U.S.C. Section 1681q criminal penalties for fraudulently obtaining consumer credit information.

I demand that you immediately cease all collection activities related to this fraudulent debt and ensure that it is permanently removed from my credit report. I expect a prompt written response confirming that this account has been deleted from your records and that no further actions will be taken against me regarding this fraudulent account. Any further attempts to report this fraudulent debt will be met with legal action, as I am fully prepared to pursue both civil and criminal remedies for the harm caused by your unlawful actions.

Thank you for your immediate attention to this matter. I look forward to your timely response. 

Sincerely, XXXX XXXX XXXX