Consumer complaint received 2024-05-26
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc. (FL)

Subject : Notice of Pending Litigation and Final Settlement Offer seeking relief and monetary compensation under FCRA 15 U.S. Code 1681n ( civil liability for willful noncompliance ), 15 U.S. Code 1681o ( civil liability for negligent noncompliance ), and 15 U.S. Code 1692k ( civil liability ). 

Please accept this final written offer of settlement before litigation as my attempt to amicably resolve your continued violation of the fair credit reporting act regarding your refusal to delete inaccurate unverifiable and invalidated information from my consumer file. I intend to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that i might be entitled to under section 616 and 617 if the inaccurate unverifiable and invalidated items listed below are not deleted immediately. A copy of this letter as well as INACCURATE ERRONEOUS ITEMS sent to you previously will also become part of a formal complaint to the federal trade commission and shall be used as evidence in pending litigation provided you fail to comply with this offer of settlement. 
YOU ARE IN DIRECT VIOLATION OF THE FCRA, the unverified items listed below still remain on my credit report in violation of federal law. You are required to comply to FCRA Regulations & Metro 2 standards. Metro 2 is a standardized format developed by the Consumer Data Industry Association ( CDIA ) for reporting credit information, ensuring that data provided to credit reporting agencies is accurate, complete, and consistent. As a data furnisher, it is imperative to comply with Metro 2 standards to align with the Fair Credit Reporting Act ( FCRA ) requirements, which mandate precise and verifiable credit reporting. Failure to comply can lead to severe ramifications, including regulatory penalties, legal actions, and significant reputational damage. Additionally, any negative information that can not be accurately verified must promptly be deleted to uphold consumer rights and ensure fair and lawful credit reporting practices. In the results of your investigations. 
You stated in writing that you verified that these items are being reported correctly who verified these items? You have failed to provide the method of verification under section 611 ( a ) ( 7 ). Please be advised that under section 611 ( 5 ) ( A ) of the FCRA- you are required to " ... ... ... ... ..promptly delete all information which can not be verified. '' It's very obvious that your agency doesn't know what the FCRA or Metro-2 is because from the looks of my credit report and all the errors I see, here 's my breakdown 1. The Fair Credit Reporting Act is the primary federal law that governs the collection and reporting of credit information about consumers. Its rules cover how a consumers credit information is obtained how long it is kept and how its shared with others- including consumers by themselves. 
2. What is FCRA VIOLATION? Creditors give reporting agencies inaccurate information about you. Reporting agencies mixing u ones information because of similar or same last name or social security number. Agencies fail to follow guidelines for handling disputes. 
XXXX. My rights under the fair credit reporting act - give list and description verify accuracy on report required for employment purposes information on file used against me in applying for credit. Dispute and have the bureau correct and delete information in my report that is inaccurate, unverifiable, and incomplete. 
I demand these items be deleted immediately, I entered the items and the outcome I desire below because you are in violation and these items are not 100 % accurate. They are either inaccurate unverifiable or invalidated. I recently applied for extended credit and was denied, I am distressed because of your mistakes. The law is very clear as to the civil liability and the remedy available to me ( section 616 & 617 ) if you fail to comply with federal law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. 
Under 15 U.S. Code 1681 e ( b ) ad 15 U.S. Code 1681 ( I ) 5 this account not reporting 100 % accurate. The payments have been on time. 
Bank/Creditor Account XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX REPORTING INACCURATE UNVERIFIABLE LATE PAYMENTS FOR XXXX ( 30-day late payment notation ), XXXX ( 60-day late payment notation ), XXXX ( 60-day late payment notation ) of XXXX. Late Payments for XXXX ( 30-day late payment notation ), XXXX ( 30-day late payment notation ), XXXX ( 60-day late payment notation ), XXXX  ( 30-day late payment notation ), and XXXX ( 30-day late payment notation ) of XXXX. Late payment notations for XXXX ( 60-day late notation ) XXXX. 
** Note that late payments and payment history is not consistent. It is not possible to have 30-day lates back-to-back 60-day late back-to-back. Blatant disregard for accurate reporting and if these late payments arent deleted, I will be taking litigation to the ends of the earth. 
Your improper procedures are highly damaging to my credit score, please immediately delete this item. 
Violation of us U.S. Code 1681n- civil liability willful noncompliance ( a ) In general, anyone who willfully fails to comply with any requirement imposed under this subchapter with resect to any consumer is liable to the consumer in the amount equal to the sum of -- -- -- -- -- -- - ( 1 ) ( A ) any actual damages sustained by consumer as a result of the failure or damages of not less than {$100.00} not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretense or knowingly without permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater. 
( XXXX ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the cost of, the action together with reasonable attorneys fees as determined by the court. 
( b ) civil liability for knowing noncompliance ***Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. 
****Remove all non-account holding fraudulent inquiries. 

Please note you have 30 days to complete the investigation per the FCRA section 611 ( a ) 1 ( A ). 
Please be advised that description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well to be provided within 5 days of your reinvestigation and I am keeping careful record of your actions including method of verification. I do not consent to e-Oscar or any automated forms of verification. Failure to respond in 30 days of receipt of this certified letter may result in small claims action against your company seeking {$5000.00} per violation for 1. defamation 2. negligent enablement of identity fraud. 
XXXX violation of fair credit reporting act 4. financial injury P.s. Please be aware upon your response I may be detailing any potential issues with your company via an online public press release from my social media account of over XXXX followers, including documentation of any potential small claims action. I am also sending a copy of my complaint to the organizations below. 
cc : lXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX assistant direct of enforcement consumer financial protection bureau cc : attorney general office cc : XXXX XXXX XXXX XXXX : Florida state senate cc : federal deposit insurance corporation cc : ( sec ) securities exchange commission cc : comptroller of the currency cc : federal reserve system cc : federal trade commission cc : Florida regulatory agency division of consumer complaints Subject : Dispute of Billing Error Fraudulent Late Payments Pursuant to 15 USC 1666 and 12 CFR 1026.13 and Request for Refunds of Old Securities Due to Alleged Securities Fraud XXXX XXXX XXXX XXXX Account # XXXX, I write to you in my capacity as legal BENEFICIARY of this consumer account, XXXX XXXX XXXX XXXX XXXX, herein referred to as " XXXX XXXX, '' regarding a matter of considerable import implicating your esteemed entity, XXXX XXXX XXXX XXXX, herein referred to as " the Company. '' It has come to XXXX XXXX 's attention, through diligent investigation, that the Company may have engaged in conduct constituting securities fraud, thus precipitating profound financial detriment to me. 
Regrettably, the evidence unearthed suggests a deliberate contravention of securities regulations by the Company, culminating in adverse pecuniary ramifications for XXXX XXXX. I stand prepared to furnish exhaustive documentation and evidentiary support buttressing these allegations, should such be necessitated. 
In accordance with the precepts delineated within the Securities Exchange Act of XXXX and its attendant regulations, as well as pertinent provisions within the Code of Federal Regulations ( CFR ), XXXX XXXX enjoins the Company to undertake forthwith a comprehensive inquiry into these allegations. Paramount to this inquiry is a commitment to transparency and accountability, with a view towards redressing any resultant injustices and assuaging the attendant legal and financial burdens borne by XXXX XXXX. 
These discrepancies are manifestly conspicuous and require immediate rectification in accordance with the Fair Credit Billing Act ( 15 USC 1666 ) and the Electronic Fund Transfer Act ( 12 CFR 1026.13 ). The error pertains to the failure to credit XXXX XXXX 's certificate of indebtedness to his account and the absence of a timely 1099-A notice for tax purposes. Furthermore, erroneous late payment reporting by XXXX XXXX XXXX has adversely affected XXXX XXXX 's creditworthiness. This dispute extends to cover past, present, and future certificates of indebtedness under the existing contract terms, which obligate the bank to credit his account monthly. Additionally, failure to credit XXXX XXXX 's account with XXXX  coupon dividends may contravene the Electronic Fund Transfer Act. Such discrepancies raise concerns of securities fraud. Prompt investigation and resolution of these matters are urged to ensure compliance with pertinent statutes and to prevent potential legal repercussions. Failure to address this issue may result in forfeiture penalties under 15 USC 1666e. Identical documentation regarding this dispute has been forwarded to the indentured trustee/trustee bank XXXXXXXX XXXX for comprehensive resolution. Your expeditious attention to this matter is appreciated. 
Securities Fraud Allegations The discovered evidence indicating that your company may have engaged in activities that violate securities regulations, resulting in substantial financial losses to me. The evidence I have gathered suggests intentional misconduct, significantly affecting my financial well-being. The Securities and Exchange Commission ( SEC ) enforces strict regulations to protect investors and ensure the integrity of the financial markets. Your companys fiduciary duty obligates you to act in the best interests of your bondholders and comply with all relevant securities laws. 
Billing Dispute Regarding my XXXXXXXX XXXX ACCOUNT #, I am disputing several billing errors under the Fair Credit Billing Act ( 15 U.S.C. 1666 ) and the Electronic Funds Transfer Act ( 12 C.F.R. 1026.13 ). Specifically, fraudulent late payments reporting on my consumer report and my certificate of indebtedness has not been credited to my account, and I have not received the required 1099-A notice for income on my taxes by the mandated date of XX/XX/XXXX. Additionally, XXXX XXXX has reported inaccurate and fraudulent late payments, harming my creditworthiness. 
These discrepancies indicate potential securities fraud, as the non-crediting of my account in relation to securities transactions could be a violation of securities laws. The failure to credit my account with dividend payments from my XXXX coupon represents breaches of both the Fair Credit Billing Act and the Electronic Funds Transfer Act. 
Furthermore, your violation of 15 U.S.C. 1681i ( a ) ( 5 ) is evident from your failure to delete or correct inaccurate, incomplete, or unverifiable information after a consumer dispute. This statute requires credit furnishers & reporting agencies to take prompt action to delete inaccurate information or correct it upon re-investigation. Yet, despite the investigation periods of 30, 60, and 90 days, you have failed to address the discrepancies in my credit report. This neglect has not only compromised my creditworthiness but also shown a blatant disregard for the FCRA 's legal mandates. 
Additionally, you have violated 15 U.S.C. 1681s-2, which prohibits furnishers from providing information they know or should reasonably know is inaccurate. Your failure to enforce compliance with this statute has resulted in the inclusion of inaccurate data, such as false late payments, inconsistent account information, and incorrect balances. By allowing these violations, you have contributed to ongoing harm to my financial standing and reputation.

I demand immediate correction of these violations, removal of the inaccurate information, removal of 30, 60, and/or 90 day late payment notations, update account to pays on time as agreed, and keep a commitment to comply with all FCRA requirements. Your failure to act in accordance with these laws will compel me to seek further legal remedies and report these violations to the appropriate regulatory authorities. 
Request for Action In light of the gravity of these allegations and their attendant legal ramifications, XXXX XXXX hereby demands the following remedial actions from the Company & I kindly request your immediate attention to these matters and a commitment to : 1. Discharge of Debt : Credit my account monthly, as outlined in our existing contract. XXXX XXXX demands the complete exoneration of all outstanding indebtedness attributed to him, inclusive of accrued interests and charges both past and prospective. Moreover, he insists upon the meticulous rectification of his credit history across all pertinent bureaus, alongside the expeditious provision of a copy of the remitted 1099. 
XXXX. Full Restitution or Reassignment of Historical Securities : Pursuant to the provisions enshrined within the Electronic Funds Transfer Act, XXXX XXXX insists upon the immediate restitution of all due interest dividends and the expedited reassignment of his securities to his XXXX XXXX  Account # XXXX, Routing # XXXX. He demands the expeditious redressal of any and all historical improprieties affecting his securities, encompassing past, present, and prospective obligations. 
XXXX. Investigative Report and Expository Discourse : XXXX XXXX anticipates the expeditious production of a comprehensive investigative report delineating the findings of the internal inquiry. This report ought to furnish a cogent explication of the remedial measures being undertaken to rectify extant malfeasance and to forestall the recurrence of similar transgressions. 
XXXX. Remedial Imperatives : The Company is enjoined to promptly instate remedial measures geared towards ensuring unfailing compliance with extant securities regulations henceforth. The institution of robust compliance frameworks and ethical precepts is indispensable to the restoration of investor confidence and stakeholder fidelity. 
XXXX. Legal Consultation : In light of the gravity of these allegations, XXXX XXXX has availed himself of legal counsel to exhaust all available legal remedies. The Company 's prompt and concerted redressal of these grievances is pivotal in averting protracted legal proceedings. XXXX XXXX beseeches the Company to address these concerns with the utmost alacrity, with a non-negotiable deadline of 30 days from the receipt of this missive. Failure to adhere thereto will be construed as a dereliction of fiduciary duties, thereby necessitating additional legal recourse, inclusive of reporting this matter to relevant regulatory authorities. 
Failure to comply XXXXy subject the bank to forfeiture penalties under 15 U.S.C. 1666e. This letter serves as a prima facie case, and I am prepared to take further legal action of arbitration to protect my rights. 
Identical documentation regarding the billing dispute has been forwarded to your indentured trustee and trustee bank, including my endorsed and stamped security certificate of indebtedness, 1099-A Form, and details of the non-crediting issues. 
It is my earnest expectation that the Company approaches this matter with due circumspection, cognizant of its fiduciary responsibilities and the attendant legal imperatives. I remain poised to engage in constructive dialogue with a view towards expeditiously ameliorating these grievances and effectuating a just resolution. 
Respectfully, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX