Consumer complaint received 2024-05-04
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Public record information inaccurate
Company: Experian Information Solutions Inc. (CA)

Demand for Immediate Investigation and Removal of Erroneously Reported Bankruptcy from Credit Reports To Whom It May Concern, I am writing to demand the immediate correction of my credit reports maintained by Experian, XXXX. Your prior willful non-compliance is egregious and unacceptable, and a serious violation of my rights under the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), and related legal statutes due to the erroneous reporting of a bankruptcy. One that the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  California confirms it did not report to any credit reporting agency. Furthermore, XXXX has already did the right thing in removing this inaccurate report once they found out. 

Legal Violations : FCRA Compliance Failure : The inclusion of this bankruptcy on my credit reports to violate 15 U.S.C. 1681e ( b ), which mandates that credit reporting agencies follow reasonable procedures to ensure maximum possible accuracy in the credit reports they generate. It is patently unreasonable to report data that can not be directly verified with the purported source, namely the bankruptcy court.

Civil liability for willful noncompliance : I have made several attempts to seek proof and verification of this reporting and received nothing. 15 U.S.C. 1681n, outlines the liabilities and potential damages that can be imposed on credit reporting agencies, furnishers of information, and users of consumer reports when they are found to have willfully failed to comply with any requirement imposed under the Fair Credit Reporting Act.

Under 15 U.S.C. 1681n, a consumer may seek statutory damages ranging from {$100.00} to {$1000.00} per violation, actual damages ( which include compensation for emotional distress or harm to reputation ), punitive damages as the court may allow, and attorney 's fees and costs. Currently you meet the requirement for demonstrating willful noncompliance, which involves your actions showing that by not doing a proper investigation you acted knowingly and intentionally in committing the violation, or with reckless disregard for the obligations under the FCRA.

Inadequate Verification ( FCRA 1681i ) : Under 15 U.S.C. 1681i, your agencies are required to conduct a reasonable investigation upon receiving a dispute from a consumer. Given the explicit statement from the court, any reasonable investigation should conclude that the data regarding the bankruptcy can not be verified, necessitating its immediate removal.

Misrepresentation ( FDCPA ) : As the reported bankruptcy is unverifiable, its presence on my client 's credit report may constitute a deceptive practice under 15 U.S.C. 1692e, which prohibits false or misleading representations in the collection of a debt.

Uniform Commercial Code ( UCC ) : The application of UCC Article 3, concerning negotiable instruments, underscores the necessity for actual evidence of debt obligations before reporting them. Absent this evidence, the continued reporting of these debts may be construed as fraudulent.

Immediate Demands : Removal of the Bankruptcy Entry : Verification has failed which it must given the court 's direct statement the entry must be removed promptly from my credit reports. Non-compliance will prompt immediate legal action, including but not limited to, seeking statutory damages under the FCRA, compensatory and punitive damages for defamation, and distress caused to me and my family.

Written Confirmation : Once these corrections have been made, provide written confirmation directly to me, ensuring that all information relating to this erroneous entry has been completely expunged from their records.

Conclusion : Failure to swiftly address these demands will result in further actions, including but not limited to, filing a lawsuit for statutory and actual damages. The severity of these inaccuracies and your agencies ' duties under federal law require immediate and diligent response.

Please take this matter with the utmost seriousness. I expect a detailed response within 30 days upon receipt of this letter. 

Sincerely,