Consumer complaint received 2024-12-11 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: IL

Complaint narrative:
On XX/XX/XXXX, I submitted the following letter, when I discovered that after reviewing my XXXX credit report that this company was unlawfully accessing my credit report for a XXXX times, totalling a {$230000.00} in statutory damages and their refusal to acknowledge my request sent via United States Postal Service using tracking service. SEE BELOW XX/XX/XXXX ConsumerInfo.com XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX # XXXX XXXX XXXX XXXX XXXX XXXX RE : Unauthorized Inquiries to My Consumer Report ; Demand for Deletion and {$230000.00} Settlement XXXX Credit Report # XXXX, Dated XX/XX/XXXX Account Review Inquiries : XX/XX/XXXX XX/XX/XXXX ( Total XXXX Inquiries ) Inquiry Period : XX/XX/XXXX XX/XX/XXXX ( Total of XXXX inquiries ) OFFER OF SETTLEMENT PRIOR TO PURSUING LITIGATION UNDER FCRA To Whom It May Concern , CEO XXXX XXXX I am writing to formally notify you of your violation of the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681b ( a ) ( 3 ) ( f ) ( i ), for unlawfully obtaining my consumer report without my consent or a permissible purpose. This violation relates to unauthorized inquiries made by your company into my XXXX credit file between XX/XX/XXXX, and XX/XX/XXXX, XXXX for a total XXXX inquiries These actions represent an infringement of my rights under the FCRA XXXX 
FCRA Violations : Unauthorized Inquiries 1. Unlawful Access to My Credit Report Pursuant to 15 U.S.C. 1681b ( a ) ( 3 ) ( f ) ( i ), a person or entity may only obtain a consumer report under specific permissible purposes, including when the consumer has initiated a transaction or provided written consent. In this case, I did not initiate any credit transaction with ConsumerInfo.com nor did I authorize such inquiries. Thus, your actions violate the FCRA by accessing my credit report without a lawful basis.

Chester v. Purvis, 260 F. Supp. 2d 711 ( S.D. Ind. 2003 ) underscores the requirement that inquiries must only occur under a legitimate purpose, which your company failed to meet. You have neither consented nor demonstrated a valid permissible purpose for this inquiry.

2. Improper Furnishing of Credit Reports Under 15 U.S.C. 1681b ( c ), consumer reporting agencies are prohibited from providing records of inquiries for credit transactions that are not initiated by the consumer. Since I did not initiate any transactions with ConsumerInfo.com, your actions violate this provision by furnishing inquiries without my authorization.

3. Failure to Certify Permissible Purpose 15 U.S.C. 1681b ( f ) requires that any person requesting a consumer report must certify that the inquiry is made for a permissible purpose. As I have not received such certification from ConsumerInfo.com, it is evident that your company did not meet the requirements set forth by the FCRA.

Civil Liability for Willful Violations of the FCRA Under 15 U.S.C. 1681n, any entity that willfully fails to comply with the provisions of the FCRA is liable to the affected consumer for damages. Specifically, in the case of knowingly obtaining a consumer report under false pretenses or without permissible purpose, the consumer is entitled to statutory damages : Statutory Damages : The FCRA permits statutory damages for willful violations in amounts ranging from {$100.00} to {$1000.00} per violation. Given that there were XXXX inquiries between XX/XX/XXXX, and XX/XX/XXXX, I am entitled to {$83000.00} in statutory damages alone. 
Emotional Distress Damages : The FCRA also allows for additional damages for emotional distress, which are warranted given the harm caused to my creditworthiness, reputation, and the undue stress I have experienced due to these unauthorized inquiries. 
Additional Civil Penalties : Additionally, under 15 U.S.C. 1681q, any person who knowingly and willfully obtains a consumer report under false pretenses faces potential criminal penalties, including fines or imprisonment for up to two years.

Based on these provisions, I am requesting a settlement of {$230000.00} to cover statutory damages for the FCRA violations, emotional distress, and reputational harm caused by your actions. 
Demand for Remedy I hereby demand that ConsumerInfo.com take the following actions : 1. Immediate Deletion of all unauthorized inquiries made to my credit report during the specified periods, including XX/XX/XXXX XX/XX/XXXX, and XX/XX/XXXX XX/XX/XXXX. 
2. Settlement Payment of {$230000.00}, which represents statutory damages for the FCRA violations, emotional distress, and reputational harm.

3. Written Confirmation of the deletion of the unauthorized inquiries from my credit report within 15 days of receipt of this letter.

4. Please provide me written consent as required by the FCRA for your Consumerinfo, to access my XXXX credit report. 
Failure to resolve this matter within the specified time frame will result in further action, including but not limited to filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and pursuing additional legal remedies. 
Please send payment via check payable to XXXX XXXX at the following address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX I expect prompt resolution of this matter and anticipate that ConsumerInfo.com will take immediate corrective action to comply with the FCRA. 
Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX XXXX XXXX Supporting Legal Citations and Case Law : XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( S.D. XXXX. XXXX ) : Reaffirms that obtaining a consumer report requires a valid permissible purpose under the FCRA. 
15 U.S.C. 1681b ( a ) : Defines permissible purposes for obtaining a consumer credit report.

15 U.S.C. 1681b ( c ) : Prohibits furnishing consumer reports for credit or insurance transactions not initiated by the consumer.

15 U.S.C. 1681n : Establishes liability for willful noncompliance with the FCRA, including statutory damages.

15 U.S.C. 1681q : Criminal penalties for obtaining a consumer report under false pretenses.

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