Consumer complaint received 2024-09-26
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc. (NV)

LEGAL BRIEF ON IDENTITY THEFT AND VIOLATIONS OF THE FAIR CREDIT REPORTING ACT TO : XXXX XXXX Experian DATEXXXX SUBJECT : Demand for Removal of Fraudulent Collection Account Due to Identity Theft -- - I. INTRODUCTION This legal brief serves as a formal notice and demand for the immediate removal of a fraudulent collection account associated with my name and personal information from XXXX 's records. The account in question, attributed to XXXX XXXX XXXX  was opened on XX/XX/year>, with a balance of {$410.00}, originally claimed by XXXX XXXX. This account has been fraudulently opened without my consent, constituting identity theft in violation of the Fair Credit Reporting Act ( FCRA ). Failure to comply with this demand will result in litigation. 

-- - XXXX XXXX XXXX XXXX. Identity Theft Incident : I recently discovered a collection account reported by XXXX XXXX XXXX, dated XX/XX/year>, with a balance of {$410.00}, purportedly owed to XXXX XXXX. I have no record of any transactions or agreements with XXXX XXXX and did not authorize the opening of this account. 

2. Investigation : Upon discovering this account, I conducted a thorough investigation and found no evidence supporting the legitimacy of this debt. I assert that this account is a result of identity theft, which has caused significant harm to my creditworthiness and financial reputation.

-- - III. LEGAL FRAMEWORK 1. Fair Credit Reporting Act ( FCRA ) : The FCRA ( 15 U.S.C. 1681 et seq. ) requires that consumer reporting agencies maintain accurate and up-to-date information in consumer reports. It also grants consumers the right to dispute inaccurate information and mandates that agencies investigate such disputes. 

2. Identity Theft Protections : Under the FCRA, victims of identity theft are entitled to : - Dispute fraudulent accounts and information.

- Request the removal of inaccuracies from their credit reports.

- Place a fraud alert on their credit files to prevent further misuse. 

XXXX. Consequences of Non-Compliance Should XXXX fail to address and rectify this fraudulent account, it may face legal repercussions for violations of the FCRA and other applicable consumer protection laws. 



IV. DEMAND FOR ACTION I hereby demand the following actions to be taken within 30 days of receipt of this brief : 1. Immediate Removal : Remove the fraudulent collection account attributed to XXXX XXXX XXXX from my credit report with XXXX and ensure that it is not reported to any other credit reporting agencies. 

2. Written Confirmation Provide written confirmation of the removal of this account from my credit report. 

XXXX. Investigation Documentation Provide documentation detailing the investigation conducted regarding the legitimacy of this account and the steps taken to verify its accuracy. 

-- - V. NOTICE OF INTENT TO LITIGATE Please be advised that if XXXX fails to comply with the demands outlined in this brief, I will pursue legal action. This may include filing complaints with the Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau ( CFPB ), as well as seeking damages in a court of law for violations of the Fair Credit Reporting Act and any other applicable state or federal laws. 

XXXX XXXX VI. CONCLUSION This matter requires immediate attention, and I expect prompt compliance with my demands regarding the fraudulent account. I trust that XXXX will act in accordance with federal law to rectify this situation without the need for litigation. 

Thank you for your immediate attention to this serious matter. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX