Consumer complaint received 2024-01-29
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc. (PA)

RE : 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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX To Who It May Concern : According to the provisions of the Fair Credit Reporting Act 611 ( a ) [ 15 USC 1681i ( a ) ] , these disputed items must be reinvestigated or deleted from my credit report within 30 days. During the investigation period, these items must be removed from my credit report as the mere reporting of items prior to debt validation constitutes collection activity. I am also requesting the names, addresses and telephone numbers of individuals you contacted during your investigation.

I recently pulled my credit report and noticed that you are both reporting this debt on my credit report and also that you have illegally pulled my credit report as there is an inquiry from you on it. I have been in contact with your firm several times and have never given you permission to pull my report. I have disputed this debt with the credit bureaus, and all three verified that this is a good debt.

Ive requested validation for these accounts before, and have never received it. To remind you, validation consists of : Complete payment history, the requirement of which has been established via XXXX XXXX XXXX  Itemized account of the debt, as established by XXXX XXXX XXXX XXXX XXXX, P.C., 383 F.3D 562, 564-66 ( 7th Cir. 2004 ) Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.

Letter of sale or assignment from the original creditor to your company. ( Agreement with your client that grants you the authority to collect this alleged debt. ) Intimate knowledge of the creation of the debt by you, the collection agency According to the FRCA The term investigative consumer report means a consumer report portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information.

1. FCRA 623 ( a ) ( 3 ). Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( a ) Duty of Furnishers of Information to Provide Accurate Information ( 3 ) Duty to provide notice of the dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

2. 15 U.S. Code 1692e - False or misleading representations ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

3. 28 U.S. Code 1691- Seal and Teste of process All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof. THIS LAW IS REQUIRING THIS CREDIT REPORTING AGENCY TO PROVIDE A COURT ORDERED DEBT COMPLETE WITH SEAL OF THE COURT AND SIGNED BY CLERK, AND DEPUTY CLERKS SIGNATURE IS NOT A JUDICIAL SIGNATURE PURSUANT 11TH CIRCUIT FEDERAL COURT OF APPEALS Scanbe Mfg. Co. v. Tryon, 400 F.2d 598 ] [ hn. 1 ( 9th Cir. 1968 ), emphases added ] Inasmuch as all writs and processes issuing from a court of the United States are required, by statute, to be under seal of court and signed by clerk thereof, an injunction signed only by deputy clerk of district court is not void for want of a judicial signature.

Your company has violated the following laws : FDCPA Section 809 ( b ), you are not allowed to purse collection activity until the debt is validated. You should be made aware that in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, XXXX, the courts ruled that reporting a collection account indeed is considered collection activity. 
According to the information given to us by your firm, the date of the charge-off was XXXX. The XXXX on this alleged debt, even should it be mine, is 3 years in the state of California. You are violating 15 USC 1692E ( 2 ) ( A ) by reporting this debt on my credit report. The legal status of this debt is that it is not collectable, and you are falsely representing the legal status by reporting it.

15 U.S.C 1681s-2 falsely reporting information to the credit bureaus.

The listed items are entirely inaccurate and incomplete, and represent a very serious error in your reporting. I am maintaining a careful record of my communications with you and the credit bureaus for the purpose of filing a complaint with the FTC, the state attorney generals office, the XXXX XXXX XXXX, and of course ammunition in my upcoming lawsuit against you.

Your failure to satisfy this request in accordance with the legal principals of estoppel will be constructed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.