Consumer complaint received 2024-01-05
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. (KY)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX KY XXXX LAST FOUR SSN # XXXX DOB XX/XX/XXXX EXPERIAN PRIVATE AND CONFIDENTIAL This is a LEGAL NOTICE and not a letter. Dear C.E.O XXXX XXXX, I am writing to dispute the inclusion of PERMISSIBLE PURPOSE THIS DEBT Delinquent Child Support Payments, Judgements, Liens Fines on my credit report. According to the recent notice from your agency, federal court rulings have determined that Delinquent Child Support Payments, Judgements, Liens Fines do not arise from a credit transaction and should not be reported on credit reports. IF YOU CAN NOT PERMISSIBLE PURPOSE THIS DEBT IMMEDIATELY REMOVE FROM CONSUMER REPORT. I request that you promptly review my credit report and remove CHILD SUPPORT NEBRASKA XXXX THIS DEBT ). Please comply with the new interpretation of the law and ensure the timely correction of this error. Kindly provide written confirmation of the removal of the CHILD SUPPORT NEBRASKA XXXX REMOVED ACCOUNT from my credit report. Thank you for your immediate attention to this matter. I expect a swift resolution. **Important Notice*** Credit Reports for collection of delinquent child support, judgments, fines and liens may no longer be permitted Federal courts recently have issued rulings about the use of consumer reports for the collection of an account under the Fair Credit Reporting Act ( FCRA ). 1 These cases note that certain definitions were added to the FCRA as part of the 2003 amendments ( FACT Act ). In particular, the word credit was defined. As a result of the new definition the position that is being advocated is that a collection of an account is a permissible purpose to obtain a consumer report only when the collection is in connection with a credit transaction.

The courts have specifically rejected prior case law and FTC guidance that a judgment creditor had permissible purpose, noting that those decisions pre-dated the FACT Act. These cases have held that a delinquent child support obligation, municipal fines arising from parking tickets, and a statutory debt resulting from the towing and impound of an illegally parked vehicle did not arise from a credit transaction. As a result, the courts found that collection of those accounts was not a valid permissible purpose to obtain a consumer report. 
If you use XXXX consumer report services in connection with the collection of an account, we advise you to promptly review the new case law with your regular attorney or compliance advisor. 
XXXX will be contacting each customer that is a third-party collector to discuss this issue. We expect to confirm with you that you are in compliance with this new interpretation. Until then, unless you advise otherwise, we are relying upon you to comply with your contract with XXXX and this new interpretation of the law. This means that you may obtain XXXX reports for collection purposes only when collecting on an obligation arising from a credit transaction, or where you have the written authorization of the consumer or a court order to obtain a consumer report. 
As an example, for collectors of delinquent child support debt, judgments, fines, or liens, you must have in hand : A court order authorizing a consumer reporting agency to provide a consumer report, A written authorization from the debtor to obtain a consumer report, or Some type of contractual agreement with the consumer that rises to the level of a credit transaction under law. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Experian Information systems , Inc. and XXXX XXXX XXXX, Case XXXX, XX/XX/XXXX ( XXXX Illinois ) ; XXXXXXXX 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 Experian XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XX/XX/XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX Sincerely, XXXX XXXX XXXX