Consumer complaint received 2024-05-24
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc. (NY)

Hello, I was defrauded by XXXX XXXX XXXX ( A debt collector ) and potentially XXXX  who have both been negligent in their conduct. XXXX XXXX XXXX violated the Fair Debt Collection Practices Act ( FDCPA ) and engaged in Fraudulent Debt Collection in various ways including : - XXXX negligently breeched their duty of care by allowing my identity and social security number to be used to open an account with XXXX  without my consent and to my detriment, by a criminal identity theft. 
- XXXX XXXX XXXX XXXX use of my social security number to submit a FALSE and damaging adverse mark to the credit reporting agencies including XXXX XXXX, and Experian. They did this despite their knowledge that they did not have a contract or agreement with me and that I had indicated the same, stating that the account was not mine. XXXX XXXX XXXX thus violated the Fair Debt Collection Practices Act ( FDCPA ) by engaging in fraudulent debt collection. 
- XXXX XXXX XXXX and XXXX XXXX reckless handling of my social security number and identity constitute negligence, fraud ( including fraudulent debt collection ), and or violations of the Fair Debt Collection Practices Act ( FDCPA ). 
- XXXX XXXX XXXX  engaged in Fraudulent Debt Collection and Violation of the Fair Debt Collection Practices Act by knowingly or recklessly representing the character, amount, or legal status of the alleged debt and intended to deceive me or induce me to pay them by continuing collection efforts despite admitting they couldn't verify the debt. 
- XXXX XXXX XXXX violated FDCPA as it is a debt collector who communicated with me and made false statements about the alleged debt causing me injury. 


The story of what happened goes as follows : Roughly 3 months ago XXXX XXXX XXXX ( a debt collector ) called me alleging that I owed over {$200.00} to XXXX. I responded indicating that I had no knowledge of any contract or other agreement I had with XXXX  at the time ( please note, I have had a XXXX account in the past - the account in question is a different account that I never opened ). XXXX XXXX XXXX responded indicating that they believed I was the debtor of this sum. Ultimately, I indicated to XXXX XXXX XXXX that if they could provide me a contract or similar evidence that I had agreed to enter into this agreement, I would immediately pay them in full ( knowing I had not signed a contract and had no agreements with XXXX  of any kind ). XXXX XXXX XXXX agreed to reach out to XXXX  for a copy of the contract and send it to me. 

Soon after, I recieved a call from XXXX XXXX XXXX again indicating I owed money, I responded indicating that we had agreed XXXX XXXX XXXX was going to provide a copy of the contract and that I was going to pay it in full if we had an agreement. XXXX XXXX XXXX then indicated that they did not have a contract that I had signed with XXXX  and were not aware of such a document existing ( because there was no contract, since I never signed one ) or any real evidence of an agreement between XXXX  and I regarding the account in question. Having established that I had no agreement with XXXX  or XXXX XXXX XXXX, I indicated that the account was not mine and they had no evidence of any kind that it was, so I assumed the matter was resolved and recieved no further calls. 

Fast forward to this morning, I recieved an alert by email indicating my credit had been impacted by a derogatory mark. When I checked my report, I saw XXXX XXXX XXXX had filed a false claim on my credit report which they knew to be false, and we can prove they knew to be false, because they knew they had no evidence of an agreement with me ( and still can't provide one ) or other evidence indicating that they were entitled to money from me. 

The above conduct constitutes Fraudulent Debt Collection, Negligence, and Violation of the Fair Debt Collection Practices Act ( FDCPA ). 


Contact Information for XXXX XXXX XXXX is listed below : Address : XXXX XXXX XXXX, XXXX XXXX, NJ XXXX Phone : ( XXXX ) XXXX Contact Information for the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
Address : XXXX XXXX XXXX, XXXX XXXX, Missouri XXXX Phone : ( XXXX ) XXXX Contact Information for Experian : XXXXEXPERIAN Contact Information for XXXX XXXX XXXX Contact Information for XXXX : XXXX. 

I will be filing a Pro Se lawsuit if this matter is not resolved immediately alleging Fraudulent Debt Collection, Negligence, Violation of the Fair Debt Collection Practices Act ( FDCPA ), and seeking a Declaratory Judgment to establish that I am not indebted to Defendants, XXXX  nor XXXX XXXX XXXX, for any amount related to the account in question. 

I have appended a first draft of the lawsuit I plan to file below if this matter is not resolved immediately.

FIRST DRAFT OF THE LAWSUIT : In the Matter of XXXX XXXX XXXX XXXX XXXX XXXX and XXXX Complaint for Fraudulent Debt Collection, Negligence, Violation of the Fair Debt Collection Practices Act ( FDCPA ), and Declaratory Judgment XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX Defendants XXXX XXXX XXXX Address : XXXX XXXX XXXX, XXXX XXXX, NJ XXXX XXXX  Address : XXXX XXXX XXXX, XXXX XXXX, Missouri XXXX Introduction : XXXX XXXX XXXX , brings this Complaint against Defendants, XXXX XXXX XXXX and XXXX, alleging the following : XXXX XXXX XXXX engaged in fraudulent debt collection practices and violated the Fair Debt Collection Practices Act ( FDCPA ) in connection with a fictitious debt purportedly owed to XXXX. 
XXXX  acted negligently in allowing the fraudulent account to be opened in Plaintiff 's name.

Factual Background : Plaintiff has never had a business relationship with XXXX  for the account in question. 
On or about 2024, Defendant, XXXX XXXX XXXX, contacted Plaintiff by telephone demanding payment of a debt exceeding {$200.00} allegedly owed to XXXX 
Plaintiff informed Defendant, XXXX XXXX XXXX, that they had no knowledge of any agreement with XXXX  to open an account or incur the bill in question. 
Plaintiff requested that Defendant, XXXX XXXX XXXX, provide a copy of the contract or other evidence of the alleged agreement. 
Defendant, XXXX XXXX XXXX, initially agreed to obtain a copy of the contract from XXXX  and provide it to Plaintiff. 
Subsequently, Defendant, XXXX XXXX XXXX, contacted Plaintiff again demanding payment but admitted they could not locate a signed contract or any evidence of an agreement between Plaintiff and XXXX. 
Despite the lack of any supporting documentation, Defendant, XXXX XXXX XXXX, reported the alleged debt to the credit reporting agencies ( XXXX, Experian, and XXXX ), which negatively impacted Plaintiff 's credit score.

Causes of Action : Count I : Fraudulent Debt Collection and Violation of the Fair Debt Collection Practices Act ( FDCPA ) Against XXXX XXXX XXXX Elements of Fraudulent Debt Collection False Representation : XXXX XXXX XXXX knowingly or recklessly represented the character, amount, or legal status of the debt ( e.g., claiming I owe money when I don't ). 
Evidence : XXXX XXXX XXXX demanded payment despite admitting they lacked a contract or evidence of an agreement. 

Intent to Deceive : XXXX XXXX XXXX intended to deceive me or induce me to pay them. 
Evidence : XXXX XXXX XXXX continued collection efforts despite admitting they couldn't verify the debt. 

Elements of FDCPA Violation Debt Collector : XXXX XXXX XXXX is a debt collector as defined by the FDCPA. 
Communication with me : XXXX XXXX XXXX contacted me regarding an alleged debt. 
False or Misleading Statements : As mentioned above, XXXX XXXX XXXX made false statements about the debt. 
Injury : I suffered harm, such as emotional distress and damage to my credit score.

Count II : Negligence Against XXXX Elements of Negligence Duty of Care : XXXX  owed me a duty to take reasonable steps to secure customer information and prevent unauthorized accounts. 
Breach of Duty : XXXX failed to implement adequate security measures, allowing someone to open an account in my name. 
Causation : XXXXXXXX XXXX breach of duty directly caused the fraudulent account and resulting debt collection issues. 
Damages : I suffered damages as mentioned above. 


Count III : Negligence Against XXXX XXXX XXXX ( Alternative Claim ) Elements of Negligence Duty of Care : XXXX XXXX XXXX owed me a duty to act reasonably in debt collection practices, including proper investigation. 
Breach of Duty : XXXX XXXX XXXX failed to properly investigate the debt 's validity before contacting me and continued collection efforts without verification. 
Causation : XXXX XXXX XXXX XXXX actions directly caused emotional distress, wasted time resolving the issue, and potential credit score damage.

Damages : I suffered damages as mentioned above.

Count IV : Declaratory Judgment A genuine controversy exists between the parties regarding Plaintiff 's obligation to repay the alleged debt.

Plaintiff is not indebted to Defendant, XXXX, for any amount related to the account in question.

Relief Requested WHEREFORE, Plaintiff requests the following relief against both Defendants, jointly and