Consumer complaint received 2024-09-11
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC. (CA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX TransUnion Consumer Relations XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX Demand for Compliance with Constitutional, Federal XXXX and XXXX  State Laws Notice to Child Support Enforcement Agency Regarding Unlawful Collection Practices** **From** : XXXX XXXX XXXX XXXX XXXX XXXX XXXX : De4mand for Compliance with Constitutional, Federal, and California State Laws To Whom It May Concern XXXX This is a formal notice from XXXX XXXX XXXX, a man with unalienable rights guaranteed by the United States Constitution, Bill of Rights, and the laws of the State of XXXX. I am hereby notifying and requiring the child support enforcement agency to comply with the laws of the United States and the State of XXXX, specifically in accordance with due process protections as outlined by the U.S. Constitution and the XXXX  Constitution. 
Any actions taken by your agency without proper due process, including the unlawful seizure of property, are in violation of the Constitution and the laws of XXXX  unless the Title IV-D Collection Agency can provide evidence of a valid contract, signed by me, XXXX XXXX XXXX XXXX with my wet-ink signature, that authorizes such action. Furthermore, any warrants issued must be signed by a judicial officer within the judicial branch of the state or federal government who holds proper jurisdiction. Failure to comply with these laws constitutes violations under both federal and state law. 
XXXX XXXX XXXX Key Points of Law : 1. **Non-Judicial Actors Lack Authority** Support magistrates, assistant district attorneys, hearing officers, and other non-judicial actors presiding over expedited processes for support proceedings ( per 45 CFR 303.101 ) are not authorized under the law to issue warrants or support orders. Any such orders issued without proper judicial authority violate the Fourth Amendments protection against unlawful seizure of property and XXXX  due process protections as outlined in Article I, Section 7 of the XXXX  Constitution. Such orders are void and without legal force. Moreover, under XXXX  Government Code XXXX, expedited processes can not lawfully deprive any person of their property without full adherence to due process protections. 
XXXX. **Income Withholding Orders Require Judicial Review** Income Withholding Orders ( IWO ) must be reviewed and confirmed by a judge in accordance with 28 USC Section 1691 and XXXX  Family Code 5246. Any IWO issued without a judicial signature is an incomplete written instrument and, therefore, constitutes forgery under XXXX  Penal Code 470. I require confirmation that all support orders and IWOs issued by your agency are compliant with these legal requirements. 
3. **Fair Debt Collection Practices Act ( FDCPA ) Compliance** Pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 USC Section 1692 ( g ), and XXXX  Rosenthal Fair Debt Collection Practices Act ( XXXX  Civil Code 1788 et seq. ), I demand immediate validation of any debt you are attempting to collect. As a third- party debt collector, your agency is required by law to provide a valid validation of debt. A mere accounting summary or unsigned support order is insufficient. Validation must include physical evidence of my wet-ink signature on a Title IV-D contract. Without this, any actions taken to collect the alleged debt are unlawful under both federal and state consumer protection laws.

4. **Obligations Under 42 USC 606, XXXX  Family Code 17400, and 42 USC 1986** Your agency must demonstrate that any debt you claim to collect is backed by evidence of a federal loan to the state and that such loan has not been wrongfully passed onto me, a private citizen, without my consent. Failure to comply with these statutes and unlawfully collecting debts from private individuals will result in legal consequences under 42 USC 1986, which holds government officials accountable for failure to prevent harm. Additionally, under XXXX Family Code 17400, child support enforcement actions must be conducted lawfully and fairly, and any misrepresentation or mishandling of debts owed to the state or federal government will be subject to legal scrutiny.

# # # Violations of XXXX  Law : 1. **XXXX  Constitution, Article I, Section 7** : This section of the XXXX  Constitution ensures that no person is deprived of life, liberty, or property without due process of law. Your agencys actions, if taken without a valid court order and due process protections, violate this constitutional right.

2. **XXXX  Family Code 17400** : This code governs child support enforcement and requires that child support agencies conduct their operations within the bounds of the law. Any failure to adhere to due process requirements or to validate debts as required under federal law violates this section of the XXXX  Family Code.

3. **XXXX  Civil Code 1788 et seq. ( Rosenthal Act ) ** : Under the Rosenthal Act, your agency, as a debt collector, is subject to strict requirements regarding debt validation, proper communication, and consumer rights. Any unlawful collection practices, such as attempting to collect a debt without proper validation, will be subject to penalties under this statute.

4. **XXXX  Penal Code 470 ( Forgery ) ** : Issuing an income withholding order or any other legal document without proper judicial review and a valid signature constitutes forgery under XXXX  Penal Code 470. This is a serious criminal offense, and any forged orders will be reported for prosecution.

5. **XXXX  Business and Professions Code 17200 ( Unfair Competition Law ) ** : Any unlawful, unfair, or fraudulent business acts, including illegal debt collection practices, may constitute violations under XXXX  Unfair Competition Law. Your agency may face civil penalties if found in violation of this statute.

# # # Demand for Cease and Desist : You are hereby ordered to cease and desist all collection efforts until you can provide physical evidence, validated through proper legal channels, of the following : 1. A true and legally enforceable court order, containing a judicial signature, issued in accordance with 28 USC Section 1691 and XXXX  Family Code 5246.

2. Validation of the alleged debt in accordance with FDCPA ( 15 USC Section 1692 ( g ) ) and XXXX  Civil Code 1788.

3. A true copy of the assignment of rights by the custodial parent to the state, making the state the creditor, pursuant to XXXX  Family Code 17400.

Failure to comply with these demands within 15 days of receipt of this notice will be deemed an intentional act of fraud. Your continued silence on this matter will be taken as an admission that no consumer liability exists, in accordance with the FDCPA and the Rosenthal Act.

**Legal Consequences** : Any unlawful actions to seize property or collect alleged debts without proper evidence and validation will result in both criminal and civil actions being taken against your agency and any individuals involved. Crimes such as forgery, fraud, and violation of constitutional rights will be prosecuted to the full extent of the law. Furthermore, refusal by law enforcement officers to investigate these crimes will result in civil complaints against both the officers and their departments under 42 USC 1986 and XXXX  law.

XXXX XXXX XXXX Final Notice : This letter serves as your final notice to cease all collection efforts and provide the legally required validation and documentation. Failure to comply will result in legal action against your agency. 
Sincerely, *XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX Key Data from Your Credit Report : - **Account Name** : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX - **Date Opened** : XX/XX/XXXX - **Account Status** : Open, XXXX days past due ( as of XX/XX/XXXX ) - **Balance** : {$47000.00} ( as of XX/XX/XXXX ) - **Reported Balance** : {$47000.00} ( as of XX/XX/XXXX ) - **Monthly Payment** : {$0.00} - **Last Payment** : XX/XX/XXXX - **Payment History** : 38 % of payments made on time, with a worst payment status of XXXX days late. 
- **Remarks** : Open, Child Support, Individual Responsibility - **Reported ByXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Identified Errors and Violations XXXX XXXX XXXX XXXX XXXX XXXXErroneous Reporting of Balance** - The reported balances are inconsistent. The balance was reported as {$47000.00} in XX/XX/XXXX, yet the reported balance in XX/XX/XXXX is {$47000.00}. This discrepancy of {$800.00} without any explanation or breakdown constitutes an error in accurate reporting. 
- **Violation** : - **Fair Credit Reporting Act ( FCRA ) **, 15 U.S.C. 1681e ( b ) : This section mandates credit reporting agencies to adopt reasonable procedures to ensure the maximum accuracy of the information reported. The inconsistency in the balance violates this provision. 
XXXX XXXX XXXX XXXX 2. **Failure to Update Account Status** - Despite the account being paid down to {$0.00} and the monthly payment reflecting {$0.00}, the status is listed as " XXXX  days past due '' in XXXX XXXX and " worst payment status XXXX  days late. '' This indicates a failure to update the account to reflect its correct standing.

- **Violation** : - **FCRA**, 15 U.S.C. 1681i ( a ) : This section requires credit reporting agencies to correct or remove inaccurate information from a consumers report once it has been disputed. The failure to update the account status to " current '' is a violation of this statute.

- **XXXX  Consumer Credit Reporting Agencies Act ( CCCRAA ) **, XXXX  Civil Code 1785.14 ( b ) : Failure to ensure the account status is properly updated, especially after an account is brought current or paid off, violates the CCCRAA 's requirement for accurate reporting. XXXX XXXX XXXX XXXX XXXX **Lack of Explanation or Breakdown for Balance** - There is no explanation provided for how the balance increased by {$800.00} between XX/XX/XXXX and XX/XX/XXXX, even though the monthly payment is {$0.00} and there are no mentions of interest accrual or fees. This lack of clarity in the report violates transparency principles. 
- **Violation** : - **FCRA**, 15 U.S.C. 1681g ( a ) ( 1 ) : Credit reporting agencies are required to provide clear and accurate information in the consumer report, including all accounts and transactions. The unexplained discrepancy in the balance fails to meet this standard. 
XXXX XXXX XXXX XXXX XXXX. **Failure to Validate Debt Under FDCPA** - If this debt was incorrectly transferred from a private obligation into child support without proper legal validation or a court order, it would constitute a violation under the Fair Debt Collection Practices Act ( FDCPA ). The absence of a wet-ink signature, court order, or proper validation as required by XXXX*15 U.S.C. 1692g** would make the reporting of this debt illegal. 
- **Violation** : - **FDCPA**, 15 U.S.C. 1692g : This law requires debt collectors to validate a debt before attempting to collect or report it. Failing to validate this debt and providing false representations is a clear violation. 
XXXX XXXX XXXX XXXX XXXX **Failure to Reflect Proper Payments** - The report indicates only XXXX  % of payments made on time, yet it appears you made payments up until XX/XX/XXXX. The failure to reflect these payments in your payment history means the report is not accurately representing the account 's status. 
- **Violation** : - **FCRA**, 15 U.S.C. 1681e ( b ) : Reporting agencies must ensure the accuracy of the reported information, including the accurate reflection of payment history.

# # # # 6. **Failure to Provide Complete Account Information** - The credit report lacks necessary details about how the balance was calculated, whether there were any administrative adjustments, fees, or interest charges applied to the account. The absence of these details leaves the report incomplete.

- **Violation** : - **XXXX  Civil Code 1785.15** : This section requires credit reporting agencies to provide complete and accurate information about an account, including how balances are calculated. Failure to provide these details is a violation of XXXX  consumer law. 
XXXX XXXX XXXX  Constitutional and Contractual Issues XXXX XXXX XXXX XXXX XXXX. **Unconstitutional Actions by the Child Support Agency** - XXXX XXXXXXXX XXXX District Attorney 's Office acting without proper judicial oversight to seize assets or report debts without a valid court order violates the **Due Process Clause** of the **14th Amendment** of the United States Constitution. Any attempt to collect child support without judicial review and confirmation, as required by **28 U.S.C. 1691**, is unconstitutional. XXXX XXXX XXXX XXXX XXXX  **Separation of Powers** - Administrative actions without court validation, such as expedited processes or the failure to have a judges signature on child support orders, violate the separation of powers doctrine, as only judicial officers are authorized to issue binding orders for debt collection.

# # # Dispute of Inaccuracies : Based on the aforementioned errors and violations, the following specific inaccuracies are being disputed : 1. **Incorrect Balance Reporting** : The report contains two different balances for the same account within a one-month period with no explanation or justification.

2. **Failure to Update Account Status** : The account status remains listed as delinquent, even though there is a {$0.00} balance and no payments are currently due.

3. **Unexplained Balance Discrepancy** : The increase in balance without any explanation violates the requirement for clear and accurate reporting.

4. **Failure to Validate Debt** : No proper validation of the child support debt, as required under FDCPA, has been provided.

5. **Incomplete Payment History** : The report fails to accurately reflect payments made up until XX/XX/XXXX. 
XXXX. **Lack of Transparency** : The credit report does not provide sufficient details to explain the account status, how balances are calculated, or if there are any accrued charges, interest, or fees. 
XXXX XXXX XXXX  Conclusion and Legal Implications TransUnion, XXXX XXXX XXXX, and all associated parties have violated multiple consumer protection laws, including but not limited to : 1. **FCRA ( 15 U.S.C. 1681e ( b ) & 15 U.S.C. 1681i ( a ) ) ** : By failing to ensure the maximum accuracy of the reported information, failing to correct errors, and not conducting reasonable investigations after disputes were filed. 
2. **FDCPA ( 15 U.S.C. 1692g ) ** : By reporting a debt that has not been validated.

3. **CCCRAA ( XXXX  Civil Code 1785.14 ( b ) & 1785.15 ) ** : By failing to provide accurate and complete information and failing to ensure the accuracy of the report.

# # # Actions to Be Taken : 1. **Immediate Removal of Incorrect Information** : I request the immediate removal of all erroneous information related to the XXXX XXXX XXXX account from my credit report. 

XXXX. **Correction of Payment History and Account Status** : Update the payment history to reflect all payments made through XX/XX/XXXX and correct the account status to reflect the current balance and payment status accurately. 
XXXX. **Validation of Debt** : Provide complete validation of the alleged child support debt, including judicial orders with proper signatures. 
4. **Cease Reporting of Inaccurate Information** : Cease any further reporting of this inaccurate and unvalidated debt. 
Should TransUnion or the XXXX XXXX XXXX fail to take immediate corrective actions, I will pursue legal action, including filing formal complaints with the Consumer Financial Protection Bureau ( CFPB ), the XXXX  Attorney General, and the Federal Trade Commission ( FTC ). Further violations of consumer laws could result in penalties, civil lawsuits, and claims for statutory, actual, and punitive damages, as well as legal costs. 
Notice to TransUnion Regarding Unlawful Reporting of Inaccurate Information To Whom It May Concern, This letter also serves as a formal notice to TransUnion, in accordance with federal and XXXX  state laws governing credit reporting, that you are required to immediately cease and desist from reporting any unvalidated and inaccurate information related to the alleged child support debt claimed by the Title IV-D Collection Agency .

Failure to comply with the laws governing credit reporting will result in legal action, as outlined below : Violations of Federal and State Laws : 1 Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681 et seq. 
The Fair Credit Reporting Act ( FCRA ) mandates that consumer reporting agencies like TransUnion ensure the accuracy and integrity of the information they report. Under 15 U.S.C. 1681e ( b ), credit reporting agencies must follow reasonable procedures to assure maximum possible accuracy of the information reported. If TransUnion reports any inaccurate information related to the alleged child support debt, without proper validation or evidence of a legal obligation, they are in violation of the FCRA. 
Additionally, under 15 U.S.C. 1681i ( a ), TransUnion is required to conduct a reasonable reinvestigation of the disputed information if the consumer disputes the accuracy of the reported data. Failure to reinvestigate or remove inaccurate information violates this section of the FCRA. 
Penalties for Violating the FCRA : TransUnion could face significant legal consequences if they fail to comply with the FCRA : Civil Penalties : Under 15 U.S.C. 1681n, TransUnion may be liable for actual damages, statutory damages ( ranging from {$100.00} to {$1000.00} per violation ), and punitive damages for willful violations of the FCRA. They may also be responsible for covering reasonable attorney 's fees and costs incurred by the consumer in enforcing their rights. 
Negligence : Under 15 U.S.C. 1681o, TransUnion could also be liable for damages and legal fees due to negligent noncompliance with the FCRA. 
2 XXXX  Consumer Credit Reporting Agencies Act ( CCCRAA ) - XXXX  Civil Code 1785 et seq. 
The CCCRAA imposes similar obligations on credit reporting agencies operating in XXXX. Under XXXX  Civil Code 1785.14 ( b ), credit reporting agencies must ensure the accuracy of the information they report. TransUnions failure to verify the alleged debt before reporting it constitutes a violation of this statute. 
Under XXXX Civil Code 1785.16, upon notification by the consumer of disputed information, TransUnion is required to conduct an immediate reinvestigation. Failure to conduct a timely and adequate reinvestigation constitutes a violation of the CCCRAA.

Penalties for Violating the CCCRAA : Civil Penalties : TransUnion may be held liable for actual damages and punitive damages under XXXX  Civil Code 1785.31. Additionally, the credit reporting agency may be subject to penalties up to {$5000.00} for willful violations, as well as attorney 's fees and costs. 
Negligent Violations : Under the CCCRAA, TransUnion may also be liable for negligent noncompliance, with penalties including actual damages and legal fees.

3 XXXX  Unfair Competition Law ( UCL ) - XXXX  Business and Professions Code 17200 et seq.

If TransUnion continues to report unvalidated, inaccurate, or misleading information, this could constitute an unfair business practice under XXXX  's Unfair Competition Law. Reporting inaccurate information knowingly or failing to correct such errors may be considered fraudulent, unfair, or unlawful under the UCL.

Penalties for Violating the UCL : Civil Penalties : Under the UCL, TransUnion may face civil penalties up to {$2500.00} per violation, as well as potential injunctions or orders for restitution to prevent further unlawful practices. In addition, legal costs and fees may be awarded to the affected consumer.

Demand for Compliance : You are hereby ordered to immediately cease and desist from reporting the alleged debt in question, pending full validation of the debt by the child support enforcement agency, in accordance with the FDCPA, the FCRA, and the CCCRAA. The following is required : 1 Immediate Removal of Inaccurate Information : TransUnion must remove any inaccurate or unvalidated information related to this alleged child support debt from my credit report until proof of a legally enforceable court order, containing a judicial signature, is provided.

2 Reinvestigation of Disputed Information : TransUnion must reinvestigate any and all disputed information, ensuring compliance with the FCRA and CCCRAA. Failure to reinvestigate or correct inaccuracies will be considered a willful violation of federal and state law.

3 Verification of Debt : TransUnion must verify that the alleged debt has been validated in accordance with the FDCPA and 15 USC 1692 ( g ), ensuring that the debt has been proven with a court order containing a judicial signature.

Consequences for Non-Compliance : Failure to comply with these demands will result in legal action. If TransUnion continues to report unvalidated or inaccurate information on my credit report, I will pursue the following : Civil Lawsuit : A civil lawsuit will be filed under the FCRA and CCCRAA for actual, statutory, and punitive damages. I will seek the maximum penalties allowed by law, including attorneys fees and court costs.

Regulatory Action : Complaints will be filed with the Consumer Financial Protection Bureau ( CFPB ), the XXXX  Department of Financial Protection and Innovation ( DFPI ), and the XXXX  Attorney General. These agencies have the authority to investigate and take enforcement actions against credit reporting agencies that violate consumer protection laws.

Public Disclosure : I reserve the right to disclose these violations to the public and media, further exposing TransUnions unlawful practices in handling consumer data and reporting unvalidated debts. 
Final Warning : This letter constitutes a final warning to TransUnion to comply with federal and XXXX  state laws regarding credit reporting and consumer protection. You have 15 days from receipt of this letter to remove any inaccurate information from my credit report and provide validation of the alleged debt. Failure to comply will result in legal action. 
Sincerely, XXXX XXXX XXXX