Consumer complaint received 2023-01-25
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc. (IL)

Complaint:
To Whom It May Concern, I am writing to file a complaint against XXXX XXXX XXXX collections Agency ( in reference to partial account number : XXXX ), for violating various provisions of the Fair Credit Reporting Act ( FCRA ) and to request the 3 major nationwide credit reporting agencies and the consumer financial protection bureau to follow up on my requests for information from XXXX XXXX. The Fair Credit Reporting Act ( FCRA ) requires that collection companies provide validation and verification of any debt before collecting on it. Specifically, Section 609 ( a ) of the FCRA requires that a consumer reporting agency ( CRA ) such as a collections company provide a consumer with such information upon request. In this complaint, because my request was never responded to, again, I am officially requesting validation and verification of the alleged debt being collected by XXXX XXXX 

Detailed Request for validation of the debt : I am requesting a validation of the alleged debt being collected by XXXX XXXX along with this complaint. The Truth in Lending Act ( TILA ), which is part of the Consumer Credit Protection Act ( CCPA ) of 1968, requires creditors to disclose important information about the cost and terms of credit to consumers before they enter into a credit transaction. This helps consumers understand the terms and costs of a credit transaction and make informed decisions about whether to enter into the transaction. Debt collectors, on the other hand, are regulated by the Fair Debt Collection Practices Act ( FDCPA ), which regulates their behavior and communication with consumers. 

In any request for validation of any debt, these laws work in tandem. TILA addresses issues between a creditor and a consumer, while the FDCPA addresses issues between a debt collector and a consumer. In this case, XXXX XXXX has assumed both the role of creditor and collector, by buying debt from the original creditor as indicated on my credit report. I am requesting detailed proof that the debt is valid, including a copy of the original contract or agreement with my wet signature, and a detailed and signed contract or agreement that the debt collector has the legal right to collect on the debt, including the signed terms between the original creditor and collector sold along with the debt, the amount of the debt, and the name, address, and phone number of the original creditor. 

In stressing the importance of these details, pursuant to the FDCPA, Section 809 ( a ) which states that a debt collector ( XXXX XXXX ) must provide validation of the debt to the consumer within five days of the initial communication, I did not receive this validation, which constitutes a violation of the law. Furthermore, the failure to validate this debt violates the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1692g ( b ). I request XXXX XXXX to send me the validation of this debt as requested above. If XXXX XXXX fails to validate the debt within 30 days as required by law, I dispute the reporting of this debt, and request XXXX XXXX  to contact the credit reporting agencies to remove the debt report from my credit report, as per 15 U.S.C. 1681s-2 ( a ). However, if XXXX XXXX can validate the debt with the above request, I will accept the reporting as accurate. 

Detailed Request for verification of the debt : I am also writing within this complaint, a direct and official request for information from XXXX XXXX regarding the original contract of the alleged debt they are trying to collect. Pursuant to the Fair Credit Reporting Act ( FCRA ), as a consumer, I have the right to request verification of the debt. The information I am requesting ( 15 items ) includes : The original creditor 's name and account number associated with the debt The name and address associated with the debt The date the account was opened and the date it was charged off or sent to collections The date the account was first reported as delinquent to the original creditor ( original default date ) Itemized billing and payment history associated with this debt The original amount of the debt and the current balance A signed copy of the original contract or agreement, including any terms and conditions that were agreed upon A signed agreement/contract that shows the debt has been assigned or sold to the collection agency The signed terms of debt assignment to the collections agency by the original creditor Information about any interest, fees, or penalties that have been added to the debt Signed proof of ownership of this alleged debt, including documentation or proof that the collection agency has the legal right to collect the debt, such as a signed copy of the original contract or loan agreement The current account number associated with the debt A breakdown of any fees or interest that have been added to the debt Information on any previous collection agencies that attempted to collect the debt The statute of limitations on the debt in Illinois. 

The FCRA requires XXXX XXXX to provide this information within 30 days of receipt of this request ( 15 U.S.C. 1692g ( a ) ). Any failure to verify this debt as requested above violates the FCRA, specifically 15 U.S.C. 1692g ( b ). In the event that XXXX XXXX fails to verify the alleged debt within 30 days required by law, I dispute the reporting of this debt and request XXXX XXXX to contact the credit reporting agencies to remove the debt report from my credit report, as per 15 U.S.C. 1681s-2 ( a ). However, if XXXX XXXX  can verify the debt with the above request, I will accept the reporting as accurate. 

It is important for XXXX XXXX  to note the written nature of these requests for validation and verification of information on the alleged debt. Similarly, the responses must be made in writing, and failure by XXXX XXXX to comply with these requests may result in a violation of the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). Furthermore, these requests are in line with the FCRA which requires the collections agency to provide me with the documentation that I have requested. Specifically, FCRA Section 609 ( a ) ( 1 ) requires that XXXX XXXX to provide me with the information that is used to calculate my credit score upon a request.

Lastly, I am calling on the Consumer Financial Protection Bureau ( CFPB ) to closely monitor the practices of XXXX XXXX, and hold XXXX XXXX accountable for their actions. Additionally, the Fair Credit Reporting Act ( FCRA ) requires credit reporting agencies to reinvestigate credit reports when they receive notice of a dispute, as per 15 U.S.C. 1681i ( a ) ( 1 ) ( B ). I am reaching out to the credit reporting agencies within this complaint as well, so that this time, my request is respected. I believe that the CFPB has an important role to play in ensuring that credit reporting agencies comply with this requirement and that consumers like myself are protected from unfair treatment. I respectfully request the CFPB to require an update of my credit report to reflect the accurate reporting the requested information is expected to provide. Just like all Americans, I believe that my credit report should only contain accurate and verified information. I appreciate your attention to this matter and look forward to your response. 

Sincerely, XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation