Consumer complaint received 2024-06-19
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. (NJ)

I am writing to formally address and demand resolution for your unauthorized use of my private property, specifically my federally held trademark under United States Patent and Trademark ( USPTO ) Serial No. XXXX, which constitutes a violation of the Fifth Amendment 's Takings Clause of the United States Constitution. This clause stipulates that private property shall not be taken for public use without just compensation. Your actions also constitute both aggravated identity theft and trademark infringement under federal law.

Your deceptive business practices and unlawful acts have caused me severe harm and personal damages, for which I am seeking monetary damages and just compensation. Your assumed vital role in the financial sector is unfair, defamatory, and has significantly damaged my creditworthiness, a critical factor upon which the banking and financial industry is heavily dependent. Furthermore, your actions lack permissible purpose and constitute a grievous violation of my rights to privacy and confidentiality as a consumer.

Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681b, a consumer reporting agency may furnish a consumer report only under specific circumstances, none of which include unauthorized use of a federally held trademark. Your violation of this statute underscores the severity of your misconduct. The unauthorized use of my trademark, combined with your misrepresentation and distribution of my private property and personal information, has caused irreparable damage to my personal and professional reputation.

Additionally, case law such as Ruckelshaus v. Monsanto Co., 467 U.S. 986 ( 1984 ), highlights the importance of just compensation for the use of private property. In this case, the Supreme Court held that a taking of property, including intangible property such as trademarks, without just compensation is a violation of the Fifth Amendment. Your unauthorized use of my trademark falls squarely within this precedent.

Your actions also violate my right to privacy and confidentiality, as outlined in Whalen v. Roe, 429 U.S. 589 ( 1977 ). This case affirmed the constitutional right to privacy in personal information. By misappropriating and misusing my federally held trademark and private property, you have infringed upon this right.

I demand that you cease and desist from any further unauthorized use of my trademark and personal information. I also seek monetary damages and just compensation of no less than XXXX USD for the harm and damages caused by your unlawful actions. Please consider this letter as my formal demand for the immediate rectification of your practices and appropriate compensation. 

Failure to address these issues promptly will result in my taking further legal action to protect my rights and interests. I expect a written response within 30 days of receipt of this notice detailing the steps you will take to rectify this situation in good faith, honor and righteousness.