Consumer complaint received 2024-04-30 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc.
State: TX

Complaint narrative:
1. ) Violations : Identified Inaccurate Information Resulting From Identity Theft : Account Name : XXXX ; Account number : XXXX ; Status : Charged Off ; Balance : {$1800.00} ; Date Opened : XX/XX/XXXX ; I am a victim of identity theft. Experian has made four major violations of FCRA regarding the above identified inaccurate information resulting from identity theft : 1 ) Experian failed to block the identified information resulting from identity theft within 4 business days pursuant to 15 USC 1681c-2. Experian received the notice to block the in formation on XXXX XXXX XXXX, but the item was not blocked untill 27 days later on XXXX XXXX, XXXX as shown in the attachments. 

2 ) Once Experian blocked the information and reinserted it, Experian failed to provide me a notice pursuant to 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) ( ii )- ( iii ) that the previously deleted information has been reinserted in my credit file.

3 ) Experian accepted an unverified statement from the furnisher used to reinsert the inaccurate information after determining the unverified statement from the furnisher was also a certified statement. Pursuant to 29 CFR 1601.3 and 28 USC 1746, a certified statement is the same as a verified statement and therefore must be made under penalty of perjury which the furnisher has failed to do. A certified statement can not at the same time be an unverified statement because the terms are both interchangeably used for the signor to attest to what they believe is true under penalty of perjury, opposed to just making statements which have no criminal liability for being false. A statement with no liability for being false can not be deemed as certified. So, since a certification from the furnisher must be made under penalty of perjury pursuant to 29 CFR 1601.3 and 28 USC 1746, there was no true certification provided to Experian to allow them to reinsert the information. A true certification can only be a verified certification pursuant to 29 CFR 1601.3 and 28 USC 1746. In addition, they did not have a certification because pursuant to 28 U.S. Code 1746, a certification if executed without a notary, must contain the following phrase I declare ( or certify, verify, or state ) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on ( date ). ( Signature ). Since the certificate was not executed under penalty of perjury with this exact phrasing. There is no proper certification that exist.

4 ) In violation of 15 U.S.C. 1681i ( a ) ( 1 ) ( A ), 15 USC 1681 ( b ), and 15 U.S.C. 1681e ( b ), Experian failed to conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate. There was no reasonable reinvestigation because when determining weather they would reinsert the inaccurate information, Experian did not take into consideration that I had already sent certified documents under penalty of perjury, [ including signed by police officers and myself, the police report, the FTC identity theft report, and proof of address different than what was on the account at the time of account opening ], which certify that I am a victim of identity theft regarding the inaccurate information reporting on my Experian credit report ; that the information reporting to my credit report is inaccurate because it belongs to an unknown perpetrator of identity theft who opened the account and made transactions on the basis of my personal information. [ such as name, date of birth, social securirty number, drivers license, and forged signature ] without my knowledge or consent, and that the inaccurate information identified is not related to any transaction made by the consumer. It is unreasonable, to completely ignore the evidence that I submitted under penalty of perjury that proves that I am a victim of identity theft regarding the account, pursuant to 15 USC 1681g ( e ) ( 2 ) ( B ) and 15 USC 1681c-2 but rather to accept the unverified false certification provided by the furnisher as evidence that I am not a victim of identity theft. It is a well established fact that consumers have only a limited proof of claim for identity theft, and therefore a consumers certification that they are a victim of identity theft should be prioritized over a furnishers certification that a consumer is not a victim of identity theft, when the furnisher has no firsthand knowledge of the fact and are not willing to submit a statement under penalty of perjury. When in opposition, the consumer has been identified as a victim of identity theft by the police officer by a signed statement under penalty of perjury, the consumer signs an identity theft affidavit under penalty of perjury, the consumer signs an FTC affidavit under penalty of perjury, and provides proof of address different than what was on the account under penalty of perjury which opens the consumer up to the full liability of perjury. When the furnisher has no liability whatsoever for making false statements about weather the consumer is a victim of identity theft regarding the account which the person signing for the furnisher has no firsthand knowledge. 



2 ). Timeline : XX/XX/XXXX : A perpetrator of identity theft applies for and opens an account with XXXX on the basis of my personal information without my knowledge or consent committing identity theft. 

XXXX XXXX XXXX : This perpetrator of identity theft makes transactions and makes disputes with XXXX and Experian on the basis of my personal information, identification documents, and a forged signature without my knowledge or consent, committing identity theft. 

XX/XX/XXXX : I sent the first CRA dispute notice ( block request ) to Experian with the required proof of claim of identity theft pursuant to 15 USC 1681g ( e ) ( 2 ) ( B ). 

XX/XX/XXXX : First direct dispute notice sent directly to XXXX requesting to remove the identity theft account, with the required proof of claim of identity theft pursuant to 15 USC 1681g ( e ) ( 2 ) ( B ) and 15 U.S.C. 1681s-2 ( a ) ( 6 ) ( B ). 

XX/XX/XXXX : Experian receives the first Dispute Notice signed by return receipt. 

XX/XX/XXXX : XXXX receives first direct dispute notice direct from me w/ signed return receipt. 

XXXX XXXX, XXXX : XXXX fails to carry out reasonable investigation of my direct dispute within 30 days pursuant to 15 USC 1681s-2 ( a ) ( 8 ) ( E ) sending the results directly to me and therefore is required to delete the identity theft account. 

XX/XX/XXXX : XXXX Identity Theft Account was deleted from credit report. 

XX/XX/XXXX : XXXX Identity Theft Account was reinserted because XXXX XXXX to Experian ( under a false representation ) that I was not a victim of identity theft even after receiving my proof of claim of identity theft described in 15 USC 1681g ( e ) ( 2 ) ( B ), because they claim that there was a prior dispute filed under my name for the same account not alleging identity theft. ( But this is incorrect because the criminal made the communications with them between XX/XX/XXXXXXXX XXXX XXXXXX/XX/XXXX on the basis of my information by identity theft ). 

XX/XX/XXXX : Experian Receives second dispute notice from me responding to their reinsertion, asserting the list of violations due to providing the required proof of claim of identity theft to delete the account and proof of address at the time of the fraud which does not match the address on the account. 

XX/XX/XXXX : I sent XXXX a third Direct Dispute-Investigation Request in writing, in which I provided additional evidence, and proof I did not provide any correspondences regarding the account before my first correspondence sent XX/XX/XXXX certified by a police officer and the FTC as required as proof of claim in 15 USC 1681g ( e ) ( 2 ) ( B ). I also sent a Request for production of certain documents as required in 15 USC 1681g ( e ) which they failed to provide any documents. 

XX/XX/XXXX : XXXX fails to carry out reasonable investigation of my direct dispute within 30 days pursuant to 15 USC 1681s-2 ( a ) ( 8 ) ( E ) sending the results directly to me and is required to delete the identity theft account. This is the third time XXXX failed to carry out a reasonable investigation of identity theft within 30 days. 

3 ). Certification of Inaccurate Information On Consumer Report : I, XXXX XXXX, the consumer, certify : That the account and subsequent information identified within this notice is not related to any transaction made by the consumer. That the account and related information was opened by an unknown perpetrator of identity theft without my knowledge or consent on the basis of my personal information such as name, date of birth, social security number, and a forged signature by a criminal pretending to be me. That I have attached additional certification from Police Officers in a Police Report, an affidavit signed under penalty of perjury, an FTC report, a notarized identity theft report, and proof of address different than what was used at the time the account was opened as further proof of claim of identity theft as required under 15 USC 1681g ( e ) ( 2 ) ( B ). That the inaccurate information reporting is the account number, the date opened, balance, account status, and credit history because the account was opened without my knowledge or consent on the basis of my personal information by an unknown perpetrator of identity theft, and any transactions on the account were made by the unknown perpetrator of identity theft without my knowledge or consent. That I did not authorize anyone to use my personal information to obtain money, credit, loans, goods, or services or for any other purpose as described in this notice and certification. That I did not receive any money, goods, services or other benefits as a result of the events described in this certification. That I believe that an unknown perpetrator of identity theft who uses forged signatures, my personal information, and identification documents to open new accounts, use my existing accounts, commit other fraud, and enter into agreements with institutions without my knowledge or consent is the person responsible for committing the identity theft and fraud described in this certification. That any signature provided to Experian by the furnisher is not actually my signature but a forgery executed by the perpetrator of identity theft using a forged signature. That any notice of dispute, request for investigation, or any other communication regarding the account made to Experian or the Furnisher between XXXX XXXX XXXX XXXX XXXX was not made by me, but rather an unknown perpetrator of identity theft who used my personal information without my knowledge or consent to communicate with Experian at the time committing identity theft, Experian is therefore required to only use the communications provided to Experian from XX/XX/XXXX to present day about the account and related inaccurate information. That every detail of the events written in this certification is on specific knowledge and information. That all of the events described in this certification has caused inaccurate information, information that is the result of identity theft, and information resulting from transactions of someone other than me to be reported to the credit reporting agencies and the internal database of the furnisher without my knowledge or consent. That my address was XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX TX XXXX at the time the account was opened which does not match the address on the account and I have attached such proof of address. That the information was not blocked in error nor was the block requested by the consumer in error because the consumer has provided all possible evidence to prove that I was a victim of identity theft, from the Police Officers, from the FTC affidavit, from my notarized statement under oath, and from my proof of address different than what was on the account. That the information was NOT blocked on the basis of a material misrepresentation, NOR was a block requested by the consumer on the basis of a material misrepresentation because the consumer has provided all possible evidence to prove that I was a victim of identity theft, from the Police Officers, from the FTC affidavit, from my notarized statement under oath, and from my proof of address different than what was on the account. 



Notes : I have attached for proof of claim : 1 ). the attached proof of address at the time of account opening which does not match the address on the account ( sublease agreement ) ; 2 ). A copy of a police identity theft report with identity theft affidavit evidencing the claim of the victim of identity theft signed by a law enforcement officer and myself under penalty of perjury ; 3 ). An FTC affidavit of identity theft ; 4 ). A Furnisher Provided Notarized Affidavit of Identity Theft ; 5 ) The dispute notice, which states that the account was opened as a result of identity theft and that the information on my Experian credit report regarding XXXX is not related to any transaction made by the consumer. 6 ) Proof that Experian Received the request to block the information on XXXX XXXX 7 ) Proof that the begun the Investigation on XXXX XXXX 8 ) Proof that instead of blocking the information within XXXX business days, it took them 27 days to block the information 9 ) Return Receipts for Experian and XXXX evidencing their violations 10 ) A prior CFPB complaint for the furnisher XXXX 11 ) Proof of Identity and Current Address 12 ) Proof that the information was reinserted after being identified as identity theft and inaccurate information by a Police officer and FTC 15 USC 1681a ( q ) ( 4 ) - The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.

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