Consumer complaint received 2024-04-11
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. (CA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, California XXXX Date of Birth : XX/XX/XXXX SS # : XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, PA XXXX XX/XX/XXXX Re : Letter to Request Removal of Inaccurate Credit Information To Whom It May Concern : Upon reviewing my credit report, I have identified the following item ( s ) that contain inaccuracies : This letter is a formal complaint that you are reporting inaccurate information and incomplete credit information.

12 CFR 1006.34 - Notice for validation of debts.

( a ) Validation information required ( 1 ) In general. Except as provided in paragraph ( a ) ( 2 ) of this section, a debt collector must provide a consumer with the validation information required by paragraph ( c ) of this section either : ( i ) By sending the consumer a validation notice in the manner required by 1006.42 : ( A ) In the initial communication, as defined in paragraph ( b ) ( 2 ) of this section; or ( B ) Within five days of that initial communication; or ( ii ) By providing the validation information orally in the initial communication.

( 2 ) Exception. A debt collector who otherwise would be required to send a validation notice pursuant to paragraph ( a ) ( 1 ) ( i ) ( B ) of this section is not required to do so if the consumer has paid the debt prior to the time that paragraph ( a ) ( 1 ) ( i ) ( B ) of this section would require the validation notice to be sent.

( b ) Definitions. For purposes of this section : ( 1 ) Clear and conspicuous means readily understandable. In the case of written and electronic disclosures, the location and type size also must be readily noticeable and legible to consumers, although no minimum type size is mandated. In the case of oral disclosures, the disclosures also must be given at a volume and speed sufficient for the consumer to hear and comprehend them.

( 2 ) Initial communication means the first time that, in connection with the collection of a debt, a debt collector conveys information, directly or indirectly, regarding the debt to the consumer, other than a communication in the form of a formal pleading in a civil action, or any form or notice that does not relate to the collection of the debt and is expressly required by : ( i ) The Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ) ; ( ii ) Title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 through 6827 ) ; or ( iii ) Any provision of Federal or State law or regulation mandating notice of a data security breach or privacy risk.

( 3 ) Itemization date means any one of the following five reference dates for which a debt collector can ascertain the amount of the debt : ( i ) The last statement date, which is the date of the last periodic statement or written account statement or invoice provided to the consumer by a creditor ; ( ii ) The charge-off date, which is the date the debt was charged off ; ( iii ) The last payment date, which is the date the last payment was applied to the debt ; ( iv ) The transaction date, which is the date of the transaction that gave rise to the debt; or ( v ) The judgment date, which is the date of a final court judgment that determines the amount of the debt owed by the consumer.

( 4 ) Validation notice means a written or electronic notice that provides the validation information required by paragraph ( c ) of this section.

( 5 ) Validation period means the period starting on the date that a debt collector provides the validation information required by paragraph ( c ) of this section and ending 30 days after the consumer receives or is assumed to receive the validation information. For purposes of determining the end of the validation period, the debt collector may assume that a consumer receives the validation information on any date that is at least five days ( excluding legal public holidays identified in 5 U.S.C. 6103 ( a ), Saturdays, and Sundays ) after the debt collector provides it.

( c ) Validation information. Pursuant to paragraph ( a ) ( 1 ) of this section, a debt collector must provide the following validation information.

( 1 ) Debt collector communication disclosure. The statement required by 1006.18 ( e ).

( 2 ) Information about the debt. Except as provided in paragraph ( c ) ( 5 ) of this section : ( i ) The debt collector 's name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information.

( ii ) The consumer 's name and mailing address.

( iii ) If the debt collector is collecting a debt related to a consumer financial product or service as defined in 1006.2 ( f ), the name of the creditor to whom the debt was owed on the itemization date.

( iv ) The account number, if any, associated with the debt on the itemization date, or a truncated version of that number.

( v ) The name of the creditor to whom the debt currently is owed.

( vi ) The itemization date.

( vii ) The amount of the debt on the itemization date.

( viii ) An itemization of the current amount of the debt reflecting interest, fees, payments, and credits since the itemization date. A debt collector may disclose the itemization on a separate page provided in the same communication with a validation notice, if the debt collector includes on the validation notice, where the itemization would have appeared, a statement referring to that separate page.

( ix ) The current amount of the debt.

Otherwise, anyone paying for your reporting services, could fax email or mail in a fraudulent account.

I DEMAND to see verifiable proof ( i.e ; an original consumer contract with my signature on it ) that you have on file for the accounts listed below. Or a certification from the creditor that the certified accuracy and completeness of the information/accounts.

Your failure to positively verify these accounts has hurt my ability to obtain credit! Under the FCRA unverifiable accounts must be DELETED and if you are unable to provide me a copy or verifiable proof, you must DELETE the accounts listed below.

1. 12 CFR 1006.34 - Notice for validation of debts. 

Account Name : XXXX XXXX XXXX Date Opened : XX/XX/XXXX Account Number : XXXX Violation of 12 CFR 1006.34 In addition, DELETE all non-account holding requires over 30 days old. Also please add a promotional suppression to my consumer file. 

In accordance with the Fair Credit Reporting Act, I am requesting an investigation into these items and their subsequent removal from my credit report. It is my understanding that you will verify these items with the creditor responsible for their inclusion. Any information that the creditor is unable to verify should be promptly deleted. I am aware that under 15 U.S.C. Sec. 1681i ( a ), this reinvestigation must be completed within 30 days of receiving this letter. 

Please send me an updated copy of my credit report to the aforementioned address. As per the act, there should be no charge for this updated report. Additionally, I kindly request that you notify any party who has received my credit report in the past XXXX months of the corrections made. 

Thank you for your attention and assistance in resolving this matter. 

Sincerely, XXXX XXXX XXXX XXXX