Consumer complaint received 2024-05-27
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc. (CA)

Dear, Consumer Financial Protection Bureau, I am writing to file a formal complaint against XXXX XXXX XXXX XXXX XXXX on behalf of their subsidiary company XXXX XXXX XXXX XXXX for egregious violations of my Federally protected consumer rights and to formally request the support from the CFPB to assist in the immediate deletion of an erroneous account listed on my Experian, XXXX and XXXX consumer reports. It has come to my attention that XXXX XXXX XXXX XXXX XXXX has falsely reported the following information : A collection account on my Experian, XXXX and XXXX consumer reports with an opening date of XX/XX/XXXX, an original amount owed of {$1300.00} and current amount owed of {$1200.00}. Furthermore, XXXX XXXX XXXX XXXX XXXX reported a false NEW derogatory balance of {$1200.00} on XX/XX/XXXX to XXXX, {$1200.00} on XX/XX/XXXX to Experian and {$1200.00} on XX/XX/XXXX to XXXX, which has been adversely affecting my credit score without cause. XXXX  XXXX XXXX XXXX XXXX has not provided proof of a signed contract between me and them nor issued the requisite notice notifying me of my right to dispute this alleged debt. 15 USC 1681s-2 ( a ) ( 1 ) ( A ) prohibits furnishing information to consumer reporting agencies if the furnisher knows or has reasonable cause to believe the information is inaccurate. In addition, this account is listed as a collection, which is considered a charge off, categorizing it as a certificate of indebtedness per IRS regulations. This classification deems it as income, which is not permitted to be reported on credit reports and requires a Form 1099-C for tax purposes. Therefore, the presence of this collection/charge-off on my Experian, XXXX and XXXX credit reports is unlawful and requires immediate removal. XXXX XXXX XXXX XXXX XXXX had their attorneys attach a copy of a lawsuit against me with a filing date of XX/XX/XXXX ( no hearing date ) to a clip on the front door of an address on file in public view ( NOT IN AN ENVELOPE ) for anyone walking pass to view and read my personal information. This is a direct violation of the Privacy Act of 1974! Thankfully, I was given the paperwork in late XX/XX/XXXX from a private party also living at that address, who removed the filings from the door to protect my privacy until they could give the notice to me directly. This has caused me an enormous amount stress, XXXX, embarrassment, XXXX and lack concentrate at work due to the endless thought of who may have seen my personal information. On page XXXX section XXXX of th court filings, it states : BEFORE COMMENCEMENT OF THIS ACTION, IN THOSE CASES WHERE RECOVERY OF COSTS IS DEPENDENT ON SUCH NOTICES, PLAINTIFF INFORMED THE DEFENDANT IN WRITING THAT IT INTENDED TO FILE THIS ACTION AND THAT THIS ACTION MAY RESULT IN A JUDGEMENT AGAINST DEFENDANT THAT MIGHT INCLUDE COURT COST AND NECESSARY DISBURSTMENTS ALLOWED. Per 2 CFR 1006.34 ( d ), XXXX XXXX XXXX XXXX XXXX failed to provide Notice for validation of debts. I did not receive a letter notifying me of this debt and I did not have the opportunity to dispute this information. If in fact XXXX XXXX XXXX XXXX, believes that they gave me proper notification I am requesting that they send me the certified mail receipt with my signature on it. I am also requesting the method of validation that Experian, XXXX and XXXX used to validate this debt during my previous attempts to dispute. I ask that XXXX XXXX XXXX XXXX. provide me with all correspondence between their company and the original creditor XXXX  XXXX  as well as communication between XXXX XXXX XXXX XXXX XXXX and myself. I hereby declare my revocation of all communication channels with XXXX XXXX XXXX XXXX XXXX, including text messages, emails, and phone calls. I insist on engaging exclusively through written correspondence. On page 5 section 17 of their filings, it states : PRIOR TO FILING THIS COMPLAINT, ALL RIGHT, TITLE AND INTEREST IN THE ACCOUNT, WHICH IS THE SUBJECT OF THIS LAWSUIT, ACCOUNT NUMBER XXXX, WAS SOLD, AND ASSIGNED BY XXXX XXXX AS ISSUER OF THE LIVING SPACES CREDIT CARD ACCOUNT, TO XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX IS THE SOLE OWNER OF THE DEBT AT ISSUE. This clearly states that I am no longer legally responsible for this debt! Based on 15 USC 1692e I believe XXXX XXXX XXXX XXXX, is using false and deceptive means to collect a debt that I NO LONGER OWE. In line with my rights under the Fair Debt Collection Practices Act ( FDCPA ), Fair Credit Reporting Act ( FCRA ) and Privacy Act of 1974 I am formally requesting that XXXX XXXX XXXX XXXX XXXX provide the purchase order agreement between them and the original creditor XXXX XXXX. I am also formally requesting that XXXX XXXX XXXX XXXX XXXX provide proof of debt validation. I am particularly concerned about the accuracy of the account information, as the agreement may contain clauses stating that the data being purchased might be in violation of my privacy. If XXXX XXXX XXXX XXXX XXXX is unable to produce these documentations, I demand the immediate deletion of the account from my current, past and future credit reports. I am requesting compensation for violating 15 USC 1681b. This misinformation tarnishes my credit history and infringes upon my consumer rights. This raises serious concerns about the legality of their actions and further emphasizes the need for immediate resolution from the CFPB. The actions of XXXX XXXX XXXX XXXX XXXX constitutes clear violations of 12 CFR 1006.34 ( d ), 12 CFR 1006.34 ( c ) ( 4 ) ( i ), 12 CFR 1006.34 ( b ) ( 5 ), 15 USC 1681 2 ( 7 ) ( A ), and 15 U.S. Code 1681 ( b ). I trust the Consumer Financial Protection Bureau will thoroughly investigate and address these infractions to prevent further damage to my creditworthiness.

My complaints submitted to the CFPBspecifically, covered complaints under FCRA section 611 ( e ) provide a channel for consumers like myself to have their problems addressed in a fair, timely and appropriate manner to avoid any additional financial hardship OR any future Federal legal action. EACH credit agency above ( XXXX, XXXX, Experian ) all violated my federally protected consumer rights and, I am entitled to statutory damages for each violation. Per 616-15 USC 1681, I demand compensation of { {$1000.00} } per violation for each month the above collection account was reported to XXXX, XXXX & Experian consumer reports for failing to ensure the accuracy and legality of the information reported on my credit reports for over a year. My statutory damages can be sent via registered mail only.

Please keep me informed about the progress of this complaint, and I appreciate your immediate attention to this matter. Thank You