Consumer complaint received 2024-08-20
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. (FL)

AFFIDAVIT OF TRUTH XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Attention : XXXX XXXX XXXX XXXX XXXX ( XXXX ) Experian XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : NOTICE OF DISPUTE and Pre-Arbitration DEMAND FOR IMMEDIATE REMEDY RE : XXXX is in direct violation of the below laws and has not been accurate or fair therefore undermining public confidence and endangering our banking system. 
I, XXXX XXXX, hereby authorize this complaint. It is important to note that this complaint was not sent by an unauthorized third party or " credit clinic. '' I trust this letter finds you well. However, I must bring to your immediate attention the flagrant violations of the UNITED STATES CODE Fair Credit Reporting Act ( FCRA ) by XXXX, and the resulting credit profile violations which have caused damage to my FINANCIAL REPUTATION. As you may be aware, ignorance of the law is not an excuse, and it is evident that XXXX is in violation of the consumer protection provisions mandated by the UNITED STATE

S CODE FCRA. Credit Reporting Agencies and Financial Institutions have an obligation to protect the consumer from harm and inconvenience. 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent ( LIKE A FISH NEEDS WATER AND A HUMAN NEEDS AIR ) upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital ( LIFE OR DEATH ) role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure ( AND I WILL INSURE ) that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in
accordance with the requirements of this subchapter. 
XXXX vital role has been jeopardized by their own actions, XXXX is in direct violation of the below laws and has not been accurate or fair therefore undermining public confidence and endangering our banking system. 
It has come to my attention that XXXX has unlawfully added data furnished by multiple financial institutions to my credit report without those financial institutions providing me, the consumer, with the mandatory disclosures required under 15 U.S. Code 6802. Pursuant to this statute, a financial institution is legally obligated to furnish consumers with three essential disclosures before any nonpublic personal information can be disclosed to nonaffiliated third parties. Yet, I have received no such documentation from the financial institutions whose data XXXX has unlawfully added to my consumer report. 
Moreover, XXXXXXXX XXXX failure to comply with the FCRA extends to its noncompliance with the provisions outl

ined in 15 U.S. Code 6802 ( b ), which unequivocally states that a financial institution must afford the consumer the opportunity to opt-out of having their nonpublic personal information disclosed to third parties. This requirement includes providing a clear and conspicuous written or electronic notice, explaining how the consumer can exercise the nondisclosure option. Regrettably, I have not been afforded this opportunity by any of the financial institutions involved. 15 U.S. Code 6802 ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt out ( 1 ) In general ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( Clear and conspicuous disclosure was never received ) VIOLATION1 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( Because clear and conspicous disclosure was never received I never had the opportunity to direct information to not be disclosed ) VIOLATION 2 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( I never received an explanation of how to exercise a nondisclosure option ) Violation number 3 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. None of these opportunities have been allotted to me, the consumer by any of the involved financial institutions. Furthermore 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies, states 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.
Notice has not been provided to me, the consumer and XXXX never confirmed this with me which is unfair therefore participating in a double violation of fairness and privacy VIOLA

TION 4 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. VIOLATION 5 privacy a Thorough Initial investigation before placing on my consumer report would have prevented this. ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers ' nonpublic personal information. [ FCRA Section 607 ( a ) ( 4 ) - Consumer Right to Privacy : I have the sole authority to determine what information should be considered private. I insist that my negative account information not be shared from my credit profile ] Violation 6 Consumer Right to Privacy The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title. Again notice has not been provided to me, the consumer. C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer ; and ( ii ) MUST BE CLEAR AND CONSPICUOUS. Again notice has not been provided to me, the consumer. Therefore being clear and conspicuous was not possible. VIOLATION 7 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. 15 U.S. Code 1681a - Definitions ; rules of construction 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; I did not authorize nor was i given the opportunity to authorize or to direct that such information not be communicated Violation 8 NON Authorization/privacy Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this Violation 9 Transactio
nal Reporting : Late Payments/Privacy XXXX does not have lawful permission to furnish any information to my credit profile unless it has been clearly and conspicuously disclosed to me by the data furnisher along with the opportunity to opt out and direct that such information not be communicated.

I, the consumer, have not received any clear and conspicuous disclosures nor have I been provided the opportunity to opt out or to direct my private information from being shared from any of the below financial institutions listed as accounts with account numbers. 
I hereby demand that XXXX immediately and unconditionally remove all unlawfully reported negative data from my consumer report. ( late payments, collections, hard inquiries, charge offs ) XXXX actions have caused me immense stress, duress, and agony, demonstrating a complete lack of consideration for the consumer protection laws that underpin our society. This letter serves as a final Demand before reporting XXXX to the multiple oversight bureaus, committees and boards, the next step before litigation, providing XXXX with one last opportunity to rectify the situation and amicably resolve this matter. 
The gravity of XXXXXXXX XXXX negligent noncompliance with the United State

s Code FCRA is further underscored by the inclusion of unlawfully reported items on my credit report, despite the protections enshrined in the Act. I am requesting that the below factors be removed due to violations with regard to the confidentiality, accuracy, relevancy, consent, and proper utilization of such information. Also compensation is sought for the violations and infringements against
my consumer rights.

Accounts and Numbers : XXXX XXXX XXXX XXXX XXXX XXXX XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE 2 LATE PAYMENTS from my credit profile and Update to PAANL ( paid as agreed never late and also update payment history to ok Late payment Dates : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE 1 LATE PAYMENTS from my credit profile and Update to PAANL ( paid as agreed never late and also update payment history to ok Late payment Dates : XXXX XXXX  9 VIOLATIONS XXXX {$1000.00} X 2 INSTANCES = {$18000.00} MINIMUM IN DAMAGES XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE 5 Charge offs from my credit profile and Update to PAANL ( paid as agreed never late and also update payment history to ok Charge off Dates : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX VIOLATIONS X {$1000.00} X 6 INSTANCES = {$54000.00} MINIMUM IN DAMAGES Failure to adhere to my above demands will leave me with no choice but to pursue litigation against XXXX i

n accordance with the UNITED STATES CODE FCRA to seek relief and recover all monetary damages to which I am entitled under Section 616 and Section 617. 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 617. Civil liability for negligent noncompliance [ 15 U.S.C. 1681o ] ( a ) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney 's fees as determined by the court. ( b ) Attorney 's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney 's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. It is vital to comprehend the legal consequences of such noncompliance, as outlined in 15 U.S. Code 1681n and 15 U.S. Code 1681o, which impose civil liability for willful and negligent noncompliance, respectively. XXXXXXXX XXXX actions are in direct violation of the United States Code FCRA, and is legally obligated to remove any and all unlawfully reported data without further delay. To be unequivocally clear, the FCRA permits consumers, such as myself, to recover actual damages sustained as a result of these willful violations, which includes a minimum of {$100.00} and a maximum of {$1000.00} per violation, as well as punitive damages determined by the court and reasonable attorney 's fees. I am prepared to seek a minimum of {$200000.00} in damages ( {$99000.00} for violations, {$100000.00} for pain, suffering and punitive damages ) should XXXX fail to comply within 30 days from the receipt of this certified letter. 
I must also emphasize that my resolve is firm, and I am a litigious consumer who will tenaciously enforce my rights under the UNITED STATES CODE FCRA. Be forewarned that any lack of satisfactory actions by XXXX will result in litigation. Furthermore, I intend to make known the transgressions of XXXX through an online public press release, which will highlight your company 's blatant disregard for consumer rights and legal obligations.

A copy of this letter, along with evidence, will also be submitted as a formal complaint to the Federal Trade Commission and the Bureau of Consumer Financial Protection. Please understand that all pertinent evidence contained herein will serve as a compelling basis for my potential litigation should XXXX fail to comply with this demand for immediate action.

Compliance with the UNITED STATES CODE FCRA is not optional ; it is a legal requirement. The damage to my credit score and financial reputation caused by XXXX XXXX egregious misconduct can not be underestimated. Failure to respond within 30 days of receipt of this letter will leave me no choice but to proceed with the litigation. 
XXXX May Also be liable to the Federal Trade Commission in the amount of 11 violations x the maximum civil penalty of {$50000.00} for each violation = {$550000.00} in penalties and Liable to the Consumer Finance Protection Bureau in the amount of {>= $1,000,000} in penalties XXXX has been in violation XXXX days since the first violation on my consumer report on XX/XX/XXXX CFPB Tier 2 Penalty Second tier Notwithstanding paragraph ( A ), for any person that recklessly engages in a violation of a Federal consumer financial law, a civil penalty may not exceed {$25000.00} for each day during which such violation continues XXXX days x {$25000.00} each day = {>= $1,000,000} in penalties Please consider this letter a formal notice of potential future litigation and a demand for immediate compliance. I will keep a record of all correspondence for future reference.

I am also including a copy of my complaint to the organizations below : CC : XXXX XXXX Assistant Director of Enforcement Consumer Financial Protection BureauXXXX XXXX XXXX XXXX XXXX XXXX XXXX CC : Consumer Financial Protection Bureau, CC : Attorney Generals Office CC : XXXX XXXX XXXX, CC : UNITED STATES CONGRESS CC : Federal Deposit Insurance Corporation, CC : Comptroller Of The Currency CC : Federal Reserve System, CC : Credit and insurance CC : Federal Trade COMMISSION Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX All Rights Reserved