Consumer complaint received 2024-11-04 00:00:00
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.
State: CA

Complaint narrative:
Dear EXPERIAN I have Demand for Compliance with Constitutional, Federal and State Laws Notice to Child Support Enforcement Agency Regarding Unlawful Collection Practices From XX/XX/XXXX Balance {$79000.00} : XXXX for Compliance with Constitutional, Federal, and California State Laws To Whom It May Concern This is a formal notice from XXXX XXXX XXXX XXXX XX/XX/XXXX, a man with unalienable rights guaranteed by the United States Constitution, Bill of Rights, and the laws of the State of California. I am hereby notifying and requiring the child support enforcement agency to comply with the laws of the United States and the State of California, specifically in accordance with due process protections as outlined by the U.S. Constitution and the Federal Constitution. Any actions taken by your agency without proper due process, including the unlawful seizure of property, are in violation of the Constitution and the laws of California unless the Title IV-D Collection Agency can provide evidence of a valid contract, signed by me, XXXX XXXX XXXX XXXX with my wet-ink signature, that authorizes such action. Furthermore, any warrants issued must be signed by a judicial officer within the judicial branch of the state or federal government who holds proper jurisdiction. Failure to comply with these laws constitutes violations under both federal and state law. There are Key Points of Law : 1. **Non-Judicial Actors Lack Authority** Support magistrates, assistant district attorneys, hearing officers, and other non-judicial actors presiding over expedited processes for support proceedings ( per 45 CFR 303.101 ) are not authorized under the law to issue warrants or support orders. Any such orders issued without proper judicial authority violate the Fourth Amendments protection against unlawful seizure of property and due process protections as outlined in Article I, Section 7 of the United States Constitution. Such orders are void and without legal force. **Income Withholding Orders Require Judicial Review** Income Withholding Orders ( IWO ) must be reviewed and confirmed by a judge in accordance with 28 USC Section 1691 and Family Code 5246. Any IWO issued without a judicial signature is an incomplete written instrument and, therefore, constitutes forgery under Penal Code 470. I require confirmation that all support orders and IWOs issued by your agency are compliant with these legal requirements. 3. **Fair Debt Collection Practices Act ( FDCPA ) Compliance** Pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 USC Section 1692 ( g ), and Rosenthal Fair Debt Collection Practices Act ( Civil Code 1788 et seq. ), I demand immediate validation of any debt you are attempting to collect. As a third- party debt collector, your agency is required by law to provide a valid validation of debt. A mere accounting summary or unsigned support order is insufficient. Validation must include physical evidence of my wet-ink signature on a Title IV-D contract. Without this, any actions taken to collect the alleged debt are unlawful under both federal and state consumer protection laws. 4. **Obligations Under 42 USC 606, Family Code 17400, and 42 USC 1986** Your agency must demonstrate that any debt you claim to collect is backed by evidence of a federal loan to the state and that such loan has not been wrongfully passed onto me, a private citizen, without my consent. Failure to comply with these statutes and unlawfully collecting debts from private individuals will result in legal consequences under 42 USC 1986, which holds government officials accountable for failure to prevent harm. Additionally, under Family Code 17400, child support enforcement actions must be conducted lawfully and fairly, and any misrepresentation or mishandling of debts owed to the state or federal government will be subject to legal scrutiny. Violations of Law : 1. **Constitution, Article I, Section 7** : This section of the Constitution ensures that no person is deprived of life, liberty, or property without due process of law. Your agencys actions, if taken without a valid court order and due process protections, violate this constitutional right. 2. Family Code 17400** : This code governs child support enforcement and requires that child support agencies conduct their operations within the bounds of the law. Any failure to adhere to due process requirements or to validate debts as required under federal law violates this section of the Family Code. 3. Civil Code 1788 et seq. ( Rosenthal Act ) ** : Under the Rosenthal Act, your agency, as a debt collector, is subject to strict requirements regarding debt validation, proper communication, and consumer rights. Any unlawful collection practices, such as attempting to collect a debt without proper validation, will be subject to penalties under this statute. 4. Penal Code 470 ( Forgery ) ** : Issuing an income withholding order or any other legal document without proper judicial review and a valid signature constitutes forgery under Penal Code 470. This is a serious criminal offense, and any forged orders will be reported for prosecution. Business and Professions Code 17200 ( Unfair Competition Law ) ** : Any unlawful, unfair, or fraudulent business acts, including illegal debt collection practices, may constitute violations under Unfair Competition Law. Your agency may face civil penalties if found in violation of this statute. I Demand for Cease and Desist : You are hereby ordered to cease and desist all collection efforts until you can provide physical evidence, validated through proper legal channels, of the following 1. A true and legally enforceable court order, containing a judicial signature, issued in accordance with 28 USC Section 1691 and Family Code 5246. 2. Validation of the alleged debt in accordance with FDCPA ( 15 USC Section 1692 ( g ) ) and Civil Code 1788. 3. A true copy of the assignment of Failure to comply with these demands within 15 days of receipt of this notice will be deemed an intentional act of fraud. Your continued silence on this matter will be taken as an admission that no consumer liability exists, in accordance with the FDCPA and the Rosenthal Act. **Legal Consequences** : Any unlawful actions to seize property or collect alleged debts without proper evidence and validation will result in both criminal and civil actions being taken against your agency and any individuals involved. Crimes such as forgery, fraud, and violation of constitutional rights will be prosecuted to the full extent of the law. Furthermore, refusal by law enforcement officers to investigate these crimes will result in civil complaints against both the officers and their departments under 42 USC 1986 and XXXX law. I XXXX XXXX XXXX show Final Notice : This letter serves as your final notice to cease all collection efforts and provide the legally required validation and documentation and delete this from my Credit Reports. Failure to comply will result in legal action against your agency. Sincerely, * XXXX XXXX XXXX Florida Department of Revenue Child Support - **Account Name- **Date Opened** : XX/XX/XXXX - **Account Status** : Open, 30 days past due - **Balance** : { {$79000.00} } ( as of XX/XX/XXXX ) - **Reported **Monthly Payment** : { {$750.00} } - Remarks** : Open, Child Support, Individual Responsibility - **Reported By EXPERIAN Identified Errors and Violations Erroneous Reporting of Balance** - The reported balances are inconsistent. The balance was reported as { {$79000.00} } ion XX/XX/XXXX, I need this deleted immediatley. This is a - **Violation** : -of **Fair Credit Reporting Act ( FCRA ) **, 15 U.S.C. 1681e ( b ) : This section mandates credit reporting agencies to adopt reasonable procedures to ensure the maximum accuracy of the information reported. The inconsistency in the balance and payment history violates this provision. 2. **Failure to Update Account Status** - Despite the account being paid down to or on time and the monthly payment reflecting, the status is listed as " deliquent '' and " worst payment status 30 days late. '' This indicates a failure to update the account to reflect its correct standing. - **Violation** : - **FCRA**, 15 U.S.C. 1681i ( a ) : This section requires credit reporting agencies to correct or remove inaccurate information from a consumers report once it has been disputed. violates this section of the FCRA. Penalties for Violating the FCRA : XXXX could face significant legal consequences if they fail to comply with the FCRA : Civil Penalties : Under 15 U.S.C. 1681n, EXPERIAN may be liable for actual damages, statutory damages ( ranging from { {$100.00} } to { {$1000.00} } per violation ), and punitive damages for willful violations of the FCRA. They may also be responsible for covering reasonable attorney 's fees and costs incurred by the consumer in enforcing their rights. Negligence : Under 15 U.S.C. 1681o, XXXX could also be liable for damages and legal fees due to negligent noncompliance with the FCRA. Consumer Credit Reporting Agencies Act ( CCCRAA ) - Civil Code 1785 et seq. The CCCRAA imposes similar obligations on credit reporting agencies to operate in compliance. Under Civil Code 1785.14 ( b ), credit reporting agencies must ensure the accuracy of the information they report. EXPERIAN failure to verify the alleged debt before reporting it constitutes a violation of this statute. Under Civil Code 1785.16, upon notification by the consumer of disputed information, XXXX is required to conduct an immediate reinvestigation. Failure to conduct a timely and adequate reinvestigation constitutes a violation of the CCCRAA. Penalties for Violating the CCCRAA : Civil Penalties : XXXX XXXX be held liable for actual damages and punitive damages under Civil Code XXXX. Additionally, the credit reporting agency may be subject to penalties up to { {$5000.00} } for willful violations, as well as attorney 's fees and costs. Negligent Violations : Under the CCCRAA, EXPERIAN may also be liable for negligent noncompliance, with penalties including actual damages and legal fees. Unfair Competition Law ( UCL ) -Business and Professions Code 17200 et seq. If XXXX continues to report unvalidated, inaccurate, or misleading information, this could constitute an unfair business practice. Reporting inaccurate information knowingly or failing to correct such errors may be considered fraudulent, unfair, or unlawful under the UCL. Penalties for Violating the UCL : Civil Penalties : Under the UCL, EXPERIAN may face civil penalties up to { {$2500.00} } per violation, as well as potential injunctions or orders for restitution to prevent further unlawful practices. In addition, legal costs and fees may be awarded to the affected consumer. Demand for Compliance : You are hereby ordered to immediately cease and desist from reporting the alleged debt in question, pending full validation of the debt by the child support enforcement agency, in accordance with the FDCPA, the FCRA, and the CCCRAA. The following is required : 1 Immediate Removal of Inaccurate Information : XXXX must remove any inaccurate or unvalidated information related to this alleged child support debt from my credit report until proof of a legally enforceable court order, containing a judicial signature, is provided. XXXX Reinvestigation of Disputed Information : XXXX must reinvestigate any and all disputed information, ensuring compliance with the FCRA and CCCRAA. Failure to reinvestigate or correct inaccuracies will be considered a willful violation of federal and state law. 3 Verification of Debt : XXXX must verify that the alleged debt has been validated in accordance with the FDCPA and 15 USC 1692 ( g ), ensuring that the debt has been proven with a court order containing a judicial signature. Consequences for Non-Compliance : Failure to comply with these demands will result in legal action. If EXPERIAN continues to report. You have 15 days from receipt of this letter to remove any inaccurate information from my credit report and provide validation of the alleged debt. Failure to comply will result in legal action. Sincerely XXXX 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