Consumer complaint received 2024-09-22
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc. (GA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX : Notice of Dispute, Request for Debt Validation, and Notice of Complaint to CFPB Dear XXXX XXXX XXXX and XXXX XXXX I am writing to formally dispute the validity of the debts being reported by your agency, specifically with regard to the accounts listed below. I am requesting immediate validation of these debts and correction of inaccurate credit reporting to the credit bureaus. Furthermore, I have notified the Consumer Financial Protection Bureau ( CFPB ) of your agencys unlawful practices. 

Account Information : XXXX. Account Number : XXXX Original Creditor : XXXX XXXX XXXX XXXX XXXX. Account Number : [ XXXX XXXX Account Number ] Original Creditor : XXXX XXXX XXXX. Account Number : XXXX Original Creditor : XXXX XXXX XXXX Amount : {$650.00} Type : Telecommunications/Cellular I recently obtained a copy of my credit report, which revealed the presence of these accounts allegedly being collected by your agency. Upon careful review, I believe there are significant inaccuracies in the reporting of these debts. Specifically, XXXX XXXX XXXX XXXX has reported the same account through your agency, XXXX XXXX XXXX, which constitutes a fraudulent attempt to collect the same debt twice. XXXX XXXX is also reporting a telecommunications debt as an open account, which is a clear violation of the Fair Credit Reporting Act ( FCRA ). Collections should never be reported as open accounts as this misrepresents the nature of the debt. 

Request for Debt Validation : Under the Fair Debt Collection Practices Act ( FDCPA ) and the FCRA, I am entitled to receive validation of these debts. I request that your agency provide me with the following : 1. Verification of the debt amounts claimed, including a detailed breakdown of any interest, fees, or charges applied.

2. Copies of all documents proving that I am indeed responsible for these debts, including any signed agreements or contracts with the original creditor showing my written signature.

3. Verification that your agency is legally authorized to collect these debts on behalf of the original creditors. 
XXXX. The original purchase agreement or assignment of the debt from the original creditor, particularly for the XXXX account, to prove that this debt was legally transferred to XXXX XXXX XXXX. 

If you fail to provide adequate validation, you are required by law to cease collection activities immediately and remove these accounts from my credit report. 

Case Law References : XXXX. XXXX XXXX : In XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX  XXXX ), the court ruled that debt XXXX are liable for providing false or misleading information, including misrepresenting the nature of the debt. This ruling has been applied to cases involving telecommunication debts, such as those handled by XXXX XXXX, where the company was found liable for reporting debts inaccurately and without proper validation. 
In XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court ruled that misleading communication about a debt, including misrepresenting the status of a collection account as an open account, violates the FDCPA and subjects the collector to statutory damages and penalties. 
XXXX. XXXX XXXX XXXX and XXXX : In XXXX XXXX XXXX, XXXX, XXXX & XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court ruled that debt XXXX must provide meaningful validation when requested. Failure to comply with this requirement resulted in substantial penalties for the collector. 
In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), it was established that debt XXXX must provide the debtor with accurate and detailed validation to avoid legal action. 
In XXXX v. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court ruled that collection agencies must provide clear and accurate information in all communications, including debt validation, and any attempt to obscure or misrepresent facts can lead to severe penalties, including statutory and punitive damages. 

Complaint to CFPB : I have filed a complaint with the Consumer Financial Protection Bureau ( CFPB ) regarding the fraudulent and deceptive practices of reporting the same debt multiple times. This practice is a blatant violation of the FDCPA and the FCRA and can be considered an attempt to collect on a debt that has not been legally validated. The CFPB has the authority to investigate such practices and impose significant penalties, which could potentially lead to the suspension or revocation of your collection license. 

Potential Arbitration Costs : Arbitration can be financially burdensome for your company. The XXXX XXXX XXXX XXXX XXXX ) and XXXX both charge significant fees for arbitration cases : Filing Fee : {$1500.00} Case Management Fee : {$750.00} to {$1200.00} Hearing Fee : {$1500.00} to {$3500.00} per day These fees do not include the costs of legal representation or other expenses your agency will incur. Should this case proceed to arbitration, you will be responsible for these costs. Given these potential expenses, it would be in your best interest to remove these accounts immediately and avoid further financial burden. 

Cease Communication Request : I am also exercising my rights under Section 1692c of the FDCPA, which authorizes me to request that your agency cease all communication with me. This request extends to all forms of communication, including any communication with third parties, such as credit reporting agencies. 

Notice to Credit Bureaus : In accordance with the FCRA, I am disputing the accuracy of these debts and requesting that any erroneous information be removed from my credit report. Reporting inaccurate information or failing to properly validate these debts is a violation of my rights and will be met with legal action. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX