Consumer complaint received 2024-09-25
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. (NC)

Consumer Name : XXXX XXXX XXXX : XXXX XXXX : XX/XX/XXXX Subject : Identity Theft, Unauthorized Bankruptcy and Collection Accounts, Opt-Out Request, and Privacy Violations XXXX XXXX Bankruptcy Case Number : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Complaint Summary : I am filing this complaint due to unauthorized bankruptcy and collection accounts that were fraudulently added to my credit report due to identity theft. I have already submitted an Identity Theft Report to the Federal Trade Commission ( FTC ) along with supporting documentation to the credit reporting agencies, yet these fraudulent accounts remain on my report. These accounts, including the bankruptcy and collection items, were opened without my knowledge or consent, and they are causing significant damage to my credit. 

Despite submitting formal disputes and opting out of all continued reporting and data sharing, the disputed bankruptcy and collection accounts remain on my credit report. I have not provided any written, verbal, or nonverbal consent for these accounts to remain active or for my personal data to be shared. 

Key Issues : Failure to Block Fraudulent Accounts ( 15 U.S.C. 1681c-2 ) : Under the Fair Credit Reporting Act ( FCRA ), the credit reporting agencies were required to block all fraudulent accounts related to identity theft within four business days of receiving my Identity Theft Report and supporting documentation. Despite this legal requirement, the fraudulent bankruptcy and collection accounts remain active on my credit report, which is a violation of FCRA 1681c-2.

Inaccurate and Unverifiable Information ( 15 U.S.C. 1681e ( b ) ) : The credit reporting agencies are legally obligated to maintain accurate and verifiable information on my credit report. I have provided substantial evidence proving that the bankruptcy and collection accounts are the result of identity theft. Their continued reporting of these accounts without proper verification violates FCRA 1681e ( b ).

Opt-Out Rights Ignored ( Gramm-Leach-Bliley Act, 15 U.S.C. 6802 & 16 C.F.R. 313.7 ) : I exercised my right to opt out of all reporting and data sharing related to the bankruptcy and collection accounts under the Gramm-Leach-Bliley Act ( 15 U.S.C. 6802 ). This opt-out request applies to any assumed consent, whether written, verbal, or nonverbal. Despite this, the credit reporting agencies continue to report and share my personal information in direct violation of 16 C.F.R. 313.7, and they have ignored my opt-out request.

Privacy Act Violations ( 5 U.S.C. 552a ) : My personal information has been mishandled, violating the Privacy Act of 1974. Unauthorized disclosures of my personal data have occurred without my explicit consent, further exacerbating the harm caused by the fraudulent accounts.

Identity Theft Violations ( 18 U.S.C. 1028A & 15 U.S.C. 1681q ) : The continued reporting of these fraudulent bankruptcy and collection accounts constitutes identity theft violations under federal law. These actions have caused significant financial harm, distress, and damage to my credit. The agencies ' actions are in violation of 18 U.S.C. 1028A and 15 U.S.C. 1681q.