Consumer complaint received 2024-11-26 00:00:00
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.
State: NC

Complaint narrative:
I am writing to formally demand that you immediately cease and desist all unauthorized activity related to my personal and financial information. This letter serves as a formal notice that your actions constitute identity theft, securities fraud, and fraudulent conveyance, and have resulted in the unconstitutional taking of my private property without just compensation.

Account Extinguishment and Restitution I demand the immediate and complete extinguishment of all accounts, both public and private, that have been fraudulently created or accessed using my personal information. All proceeds derived from these accounts must be returned to me, the rightful owner and taxpayer.

Accounting Standards and Legal Violations The fraudulent creation and use of these accounts violate multiple accounting standards, including those outlined by the Financial Accounting Standards Board ( FASB ). Specifically, the unauthorized use of my identity to create and access these accounts constitutes identity theft, a federal crime punishable under 18 U.S.C. 1028. Furthermore, the use of these accounts to engage in securities transactions without my consent constitutes securities fraud, which is a violation of federal securities laws.

The fraudulent creation and use of these accounts also constitute a fraudulent conveyance, as they were created to defraud creditors and other parties. This is a violation of state laws governing fraudulent transfers.

Unconstitutional Taking and Involuntary Servitude The unauthorized use of my personal information to create and access these accounts has resulted in the unconstitutional taking of my private property without just compensation. This violates the Fifth Amendment to the United States Constitution. Additionally, the forced labor and financial burdens imposed on me as a result of these fraudulent accounts constitute involuntary servitude, a violation of the Thirteenth Amendment to the United States Constitution.

Color of Law and Deprivation of Rights The actions of your organization and its agents have been carried out under the color of law, which is the appearance or use of lawful power to mask an illegal act. By using government authority to access and control my financial information without my consent, your organization has deprived me of my inalienable rights, in violation of 18 U.S.C. 242.

Provisions and penalties for negligent violations are provided under section 617. [ 15 U.S.C. 1681o ]. Any person who demonstrates negligence by failing to comply with any requirement established under this law concerning a consumer is responsible to the consumer for an amount comprising : 1.Any actual damages incurred by the consumer due to the failure ; and 2.In the event of a successful legal action to enforce any liability, the costs associated with the action, as well as reasonable attorney 's fees determined by the court.

False Pretenses The law deters fraudulent activities and cases done knowingly under false pretenses. The FCRA penalizes anyone who obtains consumer information from the CRA under false pretenses. As specified under the United States Code, the conduct is punishable by a fine, imprisonment for up to 2 years, or both.

Unauthorized Disclosure Under section 620. [ 15 U.S.C. 1681r ] of the FCRA, any officer or employee of the consumer reporting agency who knowingly or willfully provides consumers information from the agencys files to any person not authorized to access the information shall be fined or imprisoned for not more than 2 years or both.

1. Furnishing and Reporting Old Information Credit reporting agencies and the creditors who supply information to them must provide and keep your credit information current. When your credit circumstances have changed, and the information in your credit report isn't updated to reflect these changes, this failure might be an FCRA violation.

Some examples of this kind of FCRA violation include : failing to report that a debt was discharged in bankruptcy ( XXXX XXXX XXXX  ) reporting old debts as new or re-aged ( XXXX XXXX XXXX  ) reporting an account as active when it was voluntarily closed by a consumer and reporting certain information ( XXXX XXXX XXXX ) that's more than XXXX years old ( like lawsuits ) or XXXX years old ( XXXX  XXXX bankruptcies ). 
2. Furnishing and Reporting Inaccurate Information Your creditor must not supply information to a credit reporting agency that it knows ( or should know ) is inaccurate. That kind of information includes : reporting a debt as charged-off when you settled it or paid it in full misstating the balance due reporting late payments when you paid timely listing you as a debtor on an account when you were only the authorized user or supplying credit information on an account where identity theft was previously reported ( or failing to maintain a reasonable procedure for you to report identity theft ( https : XXXX ) ). 
Credit reporting agencies must not include inaccurate information in your credit reports. 
XXXX. Mixed Files Credit reporting agencies can also run afoul of their obligations to report accurate credit information about you. In many instances, this violation happens when a credit bureau mixes your file with someone else 's file with similar background information. 
Some common cases of mixed files include : morphing or duplicating negative credit information with a stranger who shares a similar Social Security number failing to distinguish the XXXX and XXXX in similar surnames mixing the information of persons with the same last name and similar first names, and combining or mixing credit files of persons with similar names living in the same city or zip code. 
4. Failing to Follow Debt Dispute Procedures When you submit a written dispute about the accuracy of an item on your report ( https : //www.nolo.com/legal-encyclopedia/disputing-incomplete-and-inaccurate-information-in-your-credit-report.html ), the credit bureaus and your creditors must take certain actions in response. Their duties include conducting a reasonable investigation of your dispute, correcting any inaccurate information, or even removing the disputed debt from your credit reports.

A credit reporting agency or creditor can fall short of its duties to follow proper dispute procedures under the Fair Credit Reporting Act in a number of other ways.

Debt Dispute Violations by Credit Reporting Agencies Some common FCRA violations by credit reporting agencies include failing to : notify a creditor that you dispute the debt that it has reported conduct a reasonable investigation of your dispute or correct or delete any inaccurate, incomplete, or unverifiable information within 30 days ( or 45 days in some cases ) of receiving notice of your dispute.

Debt Dispute Violations by Creditors and Other Information Suppliers Some common creditor and furnisher FCRA violations ( https : //www.nolo.com/legal-encyclopedia/how-dispute-credit-report-items-with-the-creditor-collector.html ) include failing to : notify every credit reporting agency involved that you dispute the debt submit corrected information to the credit reporting agency subsequent to investigating your dispute refrain from continuing to submit information that it knows ( or should know ) is incorrect conduct an internal investigation of your dispute within 30 days ( or 45 days in some cases ) provide you with a reasonable procedure, including an address, to submit a written dispute or report of identity theft or inform you of the results of its investigation within five business days after it completes the investigation.

5. Privacy Violations Credit reporting agencies can't release your credit reports to just anybody. They can only give them to authorized persons. The agencies may disclose your report only to persons or entities that have a valid need, such as : creditors landlords insurance providers utility companies, and employers ( only if you previously consented ). 
XXXX. Requesting a Credit Report for an Impermissible Purpose Even though your employer, creditor, or landlord might be allowed to pull your credit report, they must still have a permissible purpose ( XXXX XXXX XXXX  ) to do so. If someone pulls your credit report for an impermissible purpose, then it might be an FCRA violation. 
Some examples of impermissible purposes include : someone pulls your credit report to determine if you're collectible before filing a lawsuit against you on an involuntary debt or other non-credit matter ( for example, in determining whether to file a personal injury lawsuit ) your employer pulls your credit report without your permission or a creditor on a debt you discharged in bankruptcy pulls your credit report to check out your current financial activity.

7. Withholding Notices You're entitled to notices concerning the reporting, handling, and use of your credit information. Notice violations under the FCRA might oc cur when : a creditor fails to notify you when it supplies negative credit information to a credit reporting agency a user of credit information ( such as a prospective employer or lender ) fails to notify you of a negative decision ( https : //www.nolo.com/legal-encyclopedia/do-lenders-have-to-tell-you-why-you-are-denied-credit.html ) based on your credit report a creditor fails to provide you with your credit score if it was used as part of any credit decision a creditor fails to notify you of your right to dispute inaccurate credit information a creditor fails to notify you of your right to obtain a free credit report or a creditor or " user of information '' refuses to identify the source of the credit information it obtained about you.

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