Consumer complaint received 2024-04-12
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc. (NE)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. 
UCC 1-308 without prejudice Please remove these accounts immediately.

I Recently viewed my credit report and saw that there is incorrect information on my credit report. In accordance with the Fair Credit Reporting act. These accounts is inaccurate and dont have no contract with me or did not notify me or put me on notice that was going to report these accounts on my credit report. I have the rights to private I will love equity for all the inaccurate accounts on my credit report.The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. I HAVE NOTICE THESE NAMES AND ADDRESSES XXXX XXXX XXXX XXXX XXXX XXXX  is not my address DO NOT BELONG TO ME CAN YOU PLEASE REMOVE THIS ADDRESS FROM MY INFORMATION ON MY CREDIT REPORT IMMEDIATELY. XXXX XXXX XXXX XXXX I would like for XXXX XXXX and XXXX to delete this account immediately yes Experian have deleted this account so I would like this account to delete immediately. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX have removed and deleted this child support. I would like for Experian and XXXX have deleted it and put it back in my credit report by law thats illegal I will like for these accounts to be deleted and remove this account immediatelyXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681 section 623 If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also the credit bureaus failed to do a complete a full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING AND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY CREDIT REPOT I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. XXXX XXXX XXXX is my correct name this is a violation. CLOSE WITH MONETARY RELIEF. 
Please remove these hard inquiries from my account I have not received no funds or service with these companies XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 

15 U.S. Code 1638 - Transactions other than under an open end credit plan a ) Required disclosures by creditor For each consumer credit transaction other than under an open end credit plan, the creditor shall disclose each of the following items, to the extent applicable : ( 1 ) The identity of the creditor required to make disclosure.

( 2 ) ( A ) The amount financed, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection ( b ) ( 1 ) : ( i ) take the principal amount of the loan or the cash price less downpayment and trade-in; ( ii ) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to section 1605 of this title; and ( iii ) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit. 
( B ) In conjunction with the disclosure of the amount financed, a creditor shall provide a statement of the consumers right to obtain, upon a written request, a written itemization of the amount financed. The statement shall include spaces for a yes and no indication to be initialed by the consumer to indicate whether the consumer wants a written itemization of the amount financed. Upon receiving an affirmative indication, the creditor shall provide, at the time other disclosures are required to be furnished, a written itemization of the amount financed. For the purposes of this subparagraph, itemization of the amount financed means a disclosure of the following items, to the extent applicable : ( i ) the amount that is or will be paid directly to the consumer ; ( ii ) the amount that is or will be credited to the consumers account to discharge obligations owed to the creditor ; ( iii ) each amount that is or will be paid to third persons by the creditor on the consumers behalf, together with an identification of or reference to the third person; and ( iv ) the total amount of any charges described in the preceding subparagraph ( A ) ( iii ).

( 3 ) The finance charge, not itemized, using that term.

( 4 ) The finance charge expressed as an annual percentage rate, using that term. This shall not be required if the amount financed does not exceed {$75.00} and the finance charge does not exceed {$5.00}, or if the amount financed exceeds {$75.00} and the finance charge does not exceed {$7.00}.

( 5 ) The sum of the amount financed and the finance charge, which shall be termed the total of payments.

( 6 ) The number, amount, and due dates or period of payments scheduled to repay the total of payments. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Respondents, XXXX Arizona mothers whose children are eligible for state child support services under Title XXXX -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a XXXX action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the Ninth Circuit reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve " substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349. 

( a ) A plaintiff seeking XXXX redress must assert the violation of a federal right, not merely of federal law. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor- XXXX XXXX XXXX as to be beyond the competence of the judiciary to enforce ; and ( 3 ) whether the statute imposes a binding obligation on the State. See, e. g., XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under XXXX. Dismissal is proper if Congress specifically foreclosed a XXXX remedy, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX, either expressly, by forbidding recourse to XXXX in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual XXXX enforcement, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

( b ) Respondents have not established that Title IV-D gives them individually enforceable federal rights. In prior cases, the Court has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Here, respondents have not identified with particularity the rights they claim, and the Ninth Circuit has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to " substantial compliance '' with Title IV-D in all respects. The statutory " substantial compliance '' requirement, see, e. g., 42 U. S. C. 609 ( a ) ( 8 ) ( 1994 ed., Supp. II ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the Secretary to measure the systemwide performance of a State 's Title IV-D program, allowing her to increase the frequency of audits and reduce the State 's federal grant upon a finding of substantial noncompliance. The Court of Appeals also erred in taking a blanket approach to determining whether Title IV-D creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its " substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this Court does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their " rights '' were being violated and an injunction forcing petitioner to " substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the District Court to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the 42 U.S. Code 1983 - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. Credit card Code 15 U.S. Code 1692k - Civil liability Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs.

( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ), the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collectors noncompliance was intentional.

( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.

( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

15 U.S. Code 1642 - Issuance of credit cards No credit card shall be issued except in response to a request or application therefor. This prohibition does not apply to the issuance of a credit card in renewal of, or in substitution for, an accepted credit card. 15 U.S.C 1692g Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.

( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ).

( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 15 U.S. Code 1681q - Obtaining information under false pretenses U.S. Code Notes prev | next Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. 
To who it may concern, After viewing a copy of my credit report, I noticed a collection account placed on my credit report from you in XXXX I am requesting that you allow me to validate the alleged debt. I am unaware of any outstanding medical bills that I possess, and I am seeking the name and hospital/medical provider to which I owe the debt and a detailed breakdown of the fees that I owe. Additionally, I am allowed under the Heath insurance Portability and Accountability Act ( HIPAA ] to protect my privacy and medical records from third parties. I did not give permission to any of my current or prior medical providers to release any of my medical information to a third party. I am aware that the HIPAA does allows the release of limited information about me but anything more is to only be revealed with the patient 's authorization. Therefore, my request is twofold-validation of debt and HIPAA authorization .

Please provide breakdown of fees including any collection costs and medical charges.

Provide a copy of my signature with the provider of service to release my medical information to you.Cease any credit bureau reporting until the debt has been validated by me, Please send this information to my address listed above and accept this letter, sent certified mail, as my formal debt validation request, which I am allowed under the FDCPA. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. I request full documentation of what you received from the provider of service in connection with this alleged debt. Additionally, any reporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agency. I will await your reply with above requested proof. Upon receiving it, I will correspond back by certified mail. 
Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. 
This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. 
If your company fails to respond to this validation request within 30 days from the date of your receipt. all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the 3 major credit reporting bureaus : XXXX, Experian and XXXX ) request shall be sent to me immediately. 
I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose 's 18 U.S. Code 1028A - Aggravated identity theft U.S. Code Notes prev | next ( a ) Offenses.

( 1 ) In general. 
Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. 
( 2 ) Terrorism offense.

Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.