Consumer complaint received 2023-03-24
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: LEXISNEXIS (IL)

To Whom It May Concern, This correspondence serves as my final dispute, constituting a clear and unequivocal warning of impending legal action should you continue to violate my rights willfully and negligently under local, state, and federal law. As a consumer, I am fully prepared to pursue legal recourse, including seeking redress for damages, injunctive relief, and any other remedies available under relevant statutes and legal precedents such as Gorman v. Wolpoff & Abramson , L.L.P., 584 F.3d 1147 ( 9th Cir. 2009 ), and Saunders v. Branch Banking & Trust Co. of Va., 526 F.3d 142 ( 4th Cir. 2008 ). 

In addition to the violations, I have discovered that you have sold my personal information to XXXX, XXXX, and XXXX without my express written consent, in direct contravention of 15 U.S.C. 1681b ( 2 ), which explicitly requires permissible purpose for the dissemination of consumer information. This unauthorized sale and dissemination of my personal information further violate my rights under the Fair Credit Reporting Act ( FCRA ) and Illinois Consumer Fraud and Deceptive Business Practices Act ( ICFA ). 

Your actions infringe on my right to privacy and constitute aggravated identity theft under 18 U.S. Code 1028A. This statute establishes that knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and concerning a felony violation enumerated in the statute, can result in a term of imprisonment of 2 years in addition to the punishment provided for the underlying felony. 

Despite my two previous requests to remove the unauthorized bankruptcy record from my consumer file, you persist in refusing to comply. This uncompromising stance violates the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 et seq. and constitutes an infringement of my rights under the Illinois Consumer Fraud and Deceptive Business Practices Act ( ICFA ), 815 ILCS 505/1 et seq. 



Moreover, your purported reliance on PACER as a source of information is entirely misplaced. By maintaining and disseminating unverified, uncertified information obtained from PACER, you effectively carry and provide information that can not be certified as accurate because the courts do not certify such data. The United States Bankruptcy Court has expressly disclaimed any responsibility for reporting information to consumer reporting agencies or verifying the accuracy of such information.

As a result, you have breached your obligations under 15 U.S.C. 1681i ( a ) ( 7 ) to provide the verification method upon request.

Your continued defiance of my requests for the removal of RECORD # 7 ( Bankruptcy Records ) and your failure to adhere to the requirements of the FCRA have exposed you to liability under 15 U.S.C. 1681n and 1681o. As a litigious consumer, I will not hesitate to enforce my rights in a court of law if you persist in your refusal to comply with these statutory provisions.

Considering the preceding, I demand that you immediately delete RECORD # 7 ( Bankruptcy Records ) from my consumer file and cease any further dissemination or sale of my personal information without my express written consent under 15 U.S.C. 1681b ( 2 ).

Be advised that should you fail to comply with this demand within ten ( 10 ) days of receipt of this notice, I reserve the right to initiate litigation and seek all available remedies under the FCRA, ICFA, and any other applicable state federal laws. Furthermore, I will be entitled to recover attorneys ' fees, costs, and expenses incurred in connection with any such litigation, as provided under 15 U.S.C. 1681n ( a ) ( 3 ) and 815 ILCS 505/10a ( c ). 


Take this final warning as an opportunity to rectify the situation and avoid the time-consuming and costly litigation that will undoubtedly follow if you refuse to act by the law. Rest assured that I am fully prepared to pursue all available legal avenues to protect my rights and secure the relief to which I am entitled under state and federal law.

Your prompt attention to this matter is of the utmost importance. Failure to comply with the demands outlined in this notice within ten ( 10 ) days will result in legal action against your organization without further information.

Please confirm in writing your compliance with this request, including the deletion of RECORD # XXXX ( Bankruptcy Records ) and an assurance that my personal information will not be sold or disseminated without my express written consent, as required by 15 U.S.C. 1681b ( 2 ).

I trust that you will take this matter seriously and act with the urgency and diligence it warrants. Your failure to do so will leave me with no alternative but to fully exercise my rights under the law.

If you fail to comply with the demands outlined in this notice within the specified ten ( 10 ) day period, please be advised that I am fully prepared to have my legal counsel commence litigation to protect my rights and secure the relief to which I am entitled under state and federal law. Your immediate attention and compliance with these demands are expected to avoid further legal action. 


Sincerely,