Consumer complaint received 2024-02-06
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Difficulty submitting a dispute or getting information about a dispute over the phone
Company: Experian Information Solutions Inc. (TX)

I am a victim of ID theft. I have provided an FTC known as FTC XXXX AND FTC XXXX. For the past 2 years i have sent certified letters, first class mail, went online and disputed these fraud accounts. I have sent and made CFPB complaints and Experian continues to place information fraud accounts on my credit bureau they report an account known as XXXX XXXX and state this account was recently opended. I have never opened an account with XXXX XXXX, I have never opened an account with smart sales and lease and this is hereby fraud. Experian states that they certfied this debt in which there is no debt validation. XXXX XXXX XXXX XXXX will not provide any contract nor validation of this date that I opened an account in XXXX in which I did not. There is also accounts known as XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX that are fraud accounts. They refuse to honor the FCRA LAW KNOWN AS FCRA 15 USC 169 AND FCRA 611 ( A ) ( 1 ) FCRA 604 ( A ) ( 3 ) FCRA 605 ( C ) FCRA ( A ) ( 5 ) ( B ) ( II ) THESE ACCOUNTS LISTED ON MY REPORT KNOWN AS XXXX XXXX ( XXXX ) CHARGED OF XXXX XXXX XXXX XXXX AND ( XXXX ) XXXX XXXX XXXX XXXX ACCOUNTS. THEY REFUSE TO DELETE THEM, REMOVE THEM, DISPUTE THEM AND HONOR ALL FCRA RULES AS EVIDENCED ABOVE. I HAVE TRIED NUMEROUS TIMES TO GET EXPERIAN TO UNDERSTAND THAT THESE ACCOUNTS ARE NOT MY ACCOUNTS. THEY ALSO REFUSE TO UPDATE STUDENT LOANS KNOWN AS US DEPARTMENT OF EDUCATION THAT ARE PAID IN FULL. 


I hereby request an internal investigation against experian and I hereby request fines, licenses, charters, be revoked and suspended and that Experian is no longer allowed to do business in the State of Texas. My name is XXXX XXXX XXXX XXXX date of birth XX/XX/XXXX last XXXX of XXXX XXXX and hereby grant, plead with the STATE OF TEXAS TO BRING SUIT AGAINST EXPERIAN CREDIT REPORTING AND ANY AND ALL ITS AFFLIANTS KNOWN AND UNKNOWN. I HEREBY REQUEST THAT EXPERIAN REMOVE, BLOCK, DELETE THE ACCOUNTS KNOWN AS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX AND THAT THEY UPDATE ALL STUDENT LOANS KNOWN AS XXXX DEPARTMENT OF EDUCATION AS PAID IN FULL. 

ALSO EXPERIAN AND XXXX XXXX  KNOWN XXXX XXXX XXXX XXXX XXXX  CONTINUE TO MAKE THREATS OF VIOLENCE TOWARDS ME AND MY FAMILY I AM IN FEAR OF MY LIFE AND MY SAFETY. REFUSAL OF THE CONTRACT OF THE DEBT. HEREBY REQUEST ALL LICENSES WITH XXXX XXXX BE REVOKED AND A FINE ISSUED IN THE AMOUNT OF XXXX XXXX DOLLARS UP TO AND INCLUDING IMMEDIATE TERMINATION OF EACH AND EVERY EMPLOYEE. AND IMMEDIATE TERMINATION OF THE EMPLOYEE THAT PLACED THIS FRAUDULENT COLLECTION ON MY CREDIT REPORT FROM XXXX XXXX  UP TO AND INCLUDING CIVIL LIABILTY FROM THE EMPLOYEE THAT FALSLEY MADE THIS UPDATE DAMAGING MY NAME, MY CREDIT AND PLACING MY FAMILIES LIVES IN DANGER. XXXX XXXX CONTINUE TO CALL MY TELEPHONE NUMBER AND PRETEND THEY ARE THE POLICE ISSUING A WARRANT FOR THEFT, XXXX XXXX  CONTINUES TO CALL AND MAKE THREATS THEY WILL PUT ME IN JAIL, XXXX XXXX CONTINUES TO CALL ON A DEBT THAT IS OVER XXXX XXXX XXXX AND IS FRAUD XXXX XXXX  CONTINUES TO HAVE MANAGERS AND EMPLOYEES CALL ME AT OR AROUND MIDNIGHT PRETENDING TO BE REPOSSESSION AGENTS AND PRETENDING TO BE POLICE, XXXX XXXX CONTINUES TO CALL ME AND PRETEND THEY ARE LICENSED ATTORNEYS WHEN ASKED FOR THE INFORMATION THEY HANG UP THIS IS A FRAUD COMPANY WITH EMPLOYEES THAT ARE CONVICTED FELONS DOING ANY AND EVERYTHING TO EARN $ XXXX. EXPERIAN ALSO ENGAGES IN THIS BEHAVIOR BECUASE THEY HAVE INSERTED THIS FRAUD ACCOUNT ON MY CREDIT REPORT Texas law gives someone a certain amount of time to bring a lawsuit for an unpaid debt. This time period is often commonly referred to as the statute of limitations.

Once the time period set out by the statute of limitations is up, a person is prohibited from filing suit to recover the debt. This means the debt is time-barred. 

In the past, taking certain actions such as making a payment or verbally acknowledging that you owe the debt could restart the clock on the limitations period. This created a problem called zombie debt where the time period set out by the statute of limitations could be constantly restarted. 

A new state law introduced in XXXX aims to protect people from zombie debt. This law prevents debt buyers from suing to try to collect the debt even if a payment is made on the debt after the statute of limitations has expired. It also requires debt buyers to provide written notice if they are taking action past the limitations period. Debt buyers are defined by Section XXXX of the XXXX XXXX XXXX as a person who purchases a consumers debt from a creditor. Please see the statute for a full definition. 

You still owe time-barred debts, but creditors and debt buyers lose their most powerful way of collecting a lawsuit.

Texas and Federal Law Section 16.004 of the Texas Civil Practice and Remedies Code The statute of limitations on debt in Texas is four years.

Section 392.307 of the Texas Finance Code This section of the law, introduced in XXXX, states that a payment on the debt ( or any other activity ) does not restart the clock on the statute of limitations for debt buyers. It also requires that debt buyers provide written notice to a consumer if the limitations period has expired. 
Title 12, Section 1006.26 of the Code of Federal Regulations New rules from the federal Consumer Financial Protection Bureau prevent debt collectors from suing or threatening to sue over time-barred debts. Debt collectors in this code are defined in section 1006.2 ( i ) and can include the original creditor if they are using a different name. 
Understanding the Law What is a statute of limitations on a debt? 
This page from the Consumer Financial Protection Bureau explains the concept of the statute of limitations and how it relates to debt. 
What is XXXX XXXX? 
This page explains the concept of " time-barred debts '' and suggests options for dealing with a creditor, third-party debt collector, or debt buyer trying to collect them. 
Debt Buyers Prohibited from Suing to Collect and Reviving Old Debts ( Texas XXXX ) This article describes the XXXX changes and provides legal aid options as well as links to legal forms. Texas XXXX is a nonprofit organization described as a " public interest justice center ''. 
XXXX XXXX XXXX XXXX XXXX XXXXXXXX creditors, third-party debt collectors, or debt buyers will try to intimidate you into paying debts that are past the statute of limitations. Read this page from XXXX to learn your rights when it comes to these old debts. 


AND Texas Laws Against Aggressive Debt Collection When it comes to debt collection, consumers have a variety of options to protect themselves against unlawful debt collectors. A XXXX law in Texas strengthened the rights of consumers against debt collection and maintained the states short statute of limitations. A Texas statute of limitations on debt is the amount of time a company or person has to pursue legal action against another. If enough time has passed, then the statute of limitations means that companies can no longer sue people for their debts. Luckily, Texas has laws on the books to protect people against debt and the laws are in the favor of the consumer. With the help of an attorney, there are ways to overcome these lawsuits and defeat the creditors. 

When people receive letters or summons in the mail about an old unpaid debt, it can inspire fear and panic. A person in debt may still be in a position where they are unable to resolve the debt and the collection attempts can bring up trauma. In the case of old debts, or what some people call zombie debts because of how debt collectors never ceased to collect on them, companies can still aggressively attempt to collect on the debt. However, as a response to this, many states like Texas implement a statute of limitations to protect citizens who can not pay or do not want to pay the debt collector. 

What is the Texas Statue of Limitations?

The Statute of Limitations is a Texas law that states that if you owe unpaid debt such as credit card debt or consumer debt, the collector only has four years to bring a debt collection lawsuit against you. Bringing a Debt Lawsuit in a Texas Court is the debtor collectors strongest method for collecting. So removing this option for the creditor is significant. 

This Texas law is governed by Section XXXX of the Texas XXXX XXXX and Remedies Code. When you have a credit card, you have a contract with the credit card company where you promise to pay the credit card company. A written contract is not required. So if you stop paying the credit card, the credit card company can file a lawsuit against you to collect the debt under the theory of breach of contract. However, if the debt collector does not file a lawsuit within four years of the breach of contract, then they can not file the lawsuit to collect the debt. This debt is now known as time-barred debt. If the creditor files a lawsuit against you after the four years, they are violating the Texas Debt Collection Law, and you can initiate retaliatory legal action, and have a strong case for getting the lawsuit dismissed.

What Is Time Barred Debt? 
Time-barred debt is debt that can not be collected through legal action anymore due to the expiration of the 4-year statute of limitations. The creditor can still attempt to collect the debt and report it on your credit report, but they can not bring a lawsuit against you and so they can not obtain a Judgement against you either.

The company can no longer threaten to sue you and forcibly collect the old debt through a lawsuit before you can organize your finances. In essence, the bank can not force you to settle the debt before you are ready and can not drag an individual into court when it is clear the individual can not pay. 

Avoiding Illegal Collection Restarts It is also important to remember that this XXXX law also included a Section that introduced the idea of time-barred debt. Once the statute of limitations has passed on the debt in Texas, then collectors can not chase consumers for it. The old debts are considered time-barred, which means that they are off-limits. In some states, companies abuse their consumers by frightening the individuals into promising to pay their debts or even acknowledging the debts. This is a trick to allow the company the right to restart the clock on collections and continue harassing the person into payment. They call this zombie debt.

Luckily, Texas law contains provisions that outlaw companies from restarting the debt. Even if you attempt to pay the debt at one time, they can no longer threaten you with legal action. Although you may still owe the debt on the books unless you file for bankruptcy or settle with the company, they lose their most powerful weapon of intimidation thanks to powerful Texas laws that protect vulnerable consumers. 

How Do You Calculate The Statute Of Limitations? 
The statute of limitations is XXXX years since the date of the breach of the contract. So when does this breach actually happen? As a rule of thumb, the date of breach is about 30 days after the last time you paid the debt. 

To illustrate this, lets say you have a credit card bill where the minimum payment is due on the first day of each month. You pay your XX/XX/XXXX minimum payment and you are current on your credit card bill. Then you do not make your XX/XX/XXXX and all future subsequent payments. Your last payment was XX/XX/XXXX, but you did not breach your contract until at least XX/XX/XXXX when you missed your first credit card payment. So if a client presented these facts to me, I would advise them that the statute of limitations clock did not start counting until at least XX/XX/XXXX. When it is a close call like this, you should really get your ducks in a row by pulling your credit report and reviewing it to determine your last payment. 

Going into debt itself can be one of the most difficult things about adult life. If you find yourself facing a lawsuit or experiencing harassment over a debt that could potentially be barred by the statute of limitations, please dont hesitate to reach out to our law office. Were here to assist individuals facing financial difficulties. Our team can support you by actively challenging your creditors, exploring potential settlements, or providing guidance on the bankruptcy process. Rest assured, were dedicated to finding the right solution for your specific situation, and were here to help you in your fight against creditors.

AND What Debt Collectors Cant Do Debt collectors are regulated by the Texas Debt Collection Act. Among other things, the Act prohibits debt collectors from : Using abusive collection tactics, including : threatening violence or other criminal acts using profane or obscene language falsely accusing the consumer of fraud or other crimes threatening arrest of the consumer, or repossession or other XXXX of property without proper court proceedings using the telephone to harass debtors by calling anonymously or making repeated or continuous calls making collect telephone calls without disclosing the true name of the caller before the charges are accepted Using fraudulent collection tactics, including : using a false name or identification misrepresenting the amount of the debt or its judicial status sending documents to a debtor that falsely appear to be from a court or other official agency failing to identify who holds the debt misrepresenting the nature of the services rendered by the collection agency or the collector falsely representing that the collector has information or something of value in order to discover information about the consumer Trying to collect more than the amount originally agreed upon. ( But remember : your debt can grow by the addition of fees e.g., collection fees, attorney fees, etc. ). 
Violators of the Texas Debt Collection Act are subject to criminal and civil penalties. If you think you have been harassed or deceived, you can even seek injunctions and damages against debt collectors.

These actions are also violations of the Texas Deceptive Trade Practices/Consumer Protection Act, which gives the Attorney General the authority to take action in the public interest.