[Your Name]
[Your Address]
[City, State, Zip]
[Date]
Experian
[Experian Address]
[City, State, Zip]
Subject: Demand for Immediate Deletion of Accounts Due to FCRA Violations under 15 U.S.C. 1681C-2 or Request for Investigation Description – Non-Compliance with FCRA and Immediate Deletion of Account [Account Name and Account Number]
To Whom It May Concern,
I am writing to address the recent verification of my dispute regarding fraudulent items on my credit report, submitted under 15 U.S.C. 1681c-2. While I appreciate your attention to my identity theft claim, I am concerned that certain accounts remain on my report that violate the Fair Credit Reporting Act (FCRA).
According to 15 U.S.C. § 1681c-2, once an identity theft report has been submitted, credit reporting agencies are required to block disputed information identified as resulting from identity theft within four business days. Therefore, any accounts that were not removed in compliance with this law must be deleted immediately.
Additionally, under 15 U.S.C. § 609(a)(2), consumers are entitled to accurate reporting, and 15 U.S.C. § 1681i(7) requires that unverifiable information must be removed from the credit report.
The following accounts, associated with my identity theft claim, must be deleted due to their fraudulent nature and violations of the FCRA:
1. [Account Name] – [Account Number] – [Date Opened/Reported]
2. [Account Name] – [Account Number] – [Date Opened/Reported]
Pursuant to the Fair Credit Reporting Act (FCRA), 15 USC 16811(7) credit reporting agencies are obligated to provide a description of the investigation within 15 days of receiving a consumer's dispute. Additionally, under the Truth in Lending Act (TILA), 15 USC 1601, it is imperative that all credit information provided is accurate and transparent to protect consumer rights
I demand that these accounts be removed from my credit report immediately, as required by law. I expect to receive confirmation of their deletion within the timeframe specified by the FCRA.
In my previous request for reinvestigation sent on [date of previous letter], I asked for verification of the accuracy of the information related to the aforementioned account. As I have not received a satisfactory response, I request that you provide the following information regarding the investigation process that was conducted:
- A detailed description of the procedures used to verify the the information related to this account.
- Any documentation or evidence TO THE DISCLOUSE WAS SINGNED FOR ME for the information can be public for any accreditor that supports the findings of the investigation conducted.
- The name and contact information of the investigator or representative who handled my dispute.
Section According to the Fair Credit Reporting Act, Section 609 (a)(1)(A), you are required by federal law to verify, through the physical verification of the original signed consumer contract, any and all accounts that you post on a credit report. Otherwise, anyone paying for your reporting services could fax, mail or email in a fraudulent account.
BASIS FOR DISPUTE AND LEGAL REFERENCES
I formally request that, within the 15-day timeframe mandated by the FCRA, you provide a detailed description of all verification procedures performed on this account. This descripción should include:
- Right to Accurate Information (FCRA, Section 609 - 15 U.S.C. § 1681g):
Under this section, I have the right to obtain and review information contained in my credit report. I request that this account's authenticity be verified manually with the original creditor, avoiding automated systems like e-OSCAR. Additionally, I require a detailed response on the verification steps taken. - Verification Requirement (FCRA, Section 609(a)(1)(A) - 15 U.S.C. § 609(a)(1)(A)):
According to this provision, you are required by federal law to verify all accounts and public information through physical verification of the original signed consumer contract and/or judgment(s). Without such verification, there is a risk that erroneous or fraudulent information could be included in credit reports. Given the lack of adequate verification, I request the removal of any unauthorized public record information. - Reinvestigation of Disputed Information (FCRA, Section 611 - 15 U.S.C. § 1681i):
Section 611 provides me the right to request a reinvestigation of any inaccurate information. I demand that this information be thoroughly reviewed, and if it cannot be verified, removed without delay. - Removal of Inaccurate or Unverifiable Information (FCRA, Section 611(5) - 15 U.S.C. § 1681i(5)):
According to this section, if the information cannot be verified or is found inaccurate after reinvestigation, it must be deleted. I demand immediate deletion of any inaccurate or incomplete information. - Duties of Furnishers of Information (FCRA, Section 623 - 15 U.S. Code § 1681s-2):
This statute stipulates that furnishers of information must investigate and correct any inaccurate information once they are notified of a dispute. If the original creditor cannot validate the information, it must be removed from the credit file under the FCRA. - Compliance with Accuracy Procedures (FCRA, Section 607 - 15 U.S.C. § 1681e(b)):
Credit bureaus must follow reasonable procedures to ensure maximum possible accuracy. The presence of incorrect information in my report indicates non-compliance with these procedures, reinforcing my request for the deletion of this account. - Permissible Purposes for Accessing Credit Report (FCRA, Section 604 - 15 U.S.C. § 1681b):
Credit bureaus may only grant access to my credit report for specific, legally permitted purposes. I request confirmation that any access to my credit report related to this account was conducted for a legitimate and authorized purpose. If such access was inappropriate, I request the deletion of any information obtained or reported inappropriately. - Public Law 91-506, Title VI, Section 611, Subsections A-D:
This law stipulates the procedures for the removal of inaccurate or incomplete information from credit reports. Your response and verification process did not comply with these provisions, necessitating the removal of the inaccurate record. - Truth in Lending Act (TILA, Section 1601 - 15 U.S.C. § 1601):
The TILA supports my right to accurate and truthful information. I request the deletion of this account to preserve the integrity of my credit history.
SUPPORTING CASE LAW
- Cortez v. Trans Union, LLC, 617 F.3d 688 (3d Cir. 2010): This case held credit bureaus accountable for failing to conduct adequate investigations in consumer disputes, emphasizing the duty to rigorously verify any disputed information.
- Dennis v. BEH-1, LLC: This case reinforces the importance of reasonable verification procedures required by the FCRA, supporting the request for a thorough investigation and, if verification is impossible, deletion of the information.
- Henson v. CSC Credit Services, 29 F.3d 280 (7th Cir. 1994): This case underscored the responsibility of credit bureaus to verify and correct erroneous information in disputes, establishing a clear verification standard under the FCRA. This reinforces the need for the agency to provide a complete and transparent response regarding the verification procedures undertaken for this dispute.
- Dalton v. Capital Associated Industries, Inc.:
This case emphasizes the need for credit reporting agencies to follow reasonable procedures to assure maximum possible accuracy of the information in credit reports.
5.Philbin v. Trans Union Corp.:
· It highlights the liability of credit reporting agencies if they fail to adopt and apply reasonable procedures for accuracy when a consumer disputes information on their report.
6.Guimond v. Trans Union Credit Information Co.:
· This case discusses the responsibility of credit bureaus to correct inaccurate information and the potential for consumer remedy under the FCRA.
7.Pinner v. Schmidt:
Reinforces the requirement for credit reporting agencies to correct inaccurate, incomplete, or unverifiable information promptly.
8.Dennis v. BEH-1, LLC:
Reiterates the duties of credit reporting agencies to investigate and ensure the removal or correction of disputed information where necessary.
9.Jones v. Experian Information Solutions:
This case explores the consequences for credit reporting agencies when they fail to remove or correct inaccurate information after a consumer dispute.
ADDITIONAL FCRA PROVISIONS:
15 U.S.C. § 1681c: This section discusses the time limits for certain negative information, such as bankruptcies, which should not be reported after specific periods.
15 U.S.C. § 1681m: Provides reasons why adverse actions were taken based on the credit report, which can be used to argue that incorrect reporting leads to adverse consequences.
POTENTIAL ADDITIONAL LEGAL REFERENCES:
Experian Information Solutions Inc. v. Federal Trade Commission: This case underscores the importance of consumer protection and accurate representations of credit data.
Cahlin v. General Motors Acceptance Corp.: This case may highlight that credit reporting agencies must take reasonable steps to ensure the accuracy of the information they report.
Failure to respond satisfactorily within 30 days of receipt of this certified letter may result in a small claims action against your company, seeking $5,000 per violation for:
1.) Defamation
2.) Negligent Enablement of Identity Fraud
3.) Violations of the Fair Credit Reporting Act
4.) Financial Injury
5.) PENALTY OF PERJURY
6.) Violations of 15 U.S.C 1692g
7.) 15 U.S.C 1692a abusive practices
8.) 15 U.S. Code § 1681b - Permissible purposes of consumer reports
9.) 15 U.S. code 1681 4A B2 Misleading False Reporting.S. Please be aware that dependent upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action. I am also including a copy of my complaint to the organizations below:
CC: Assistant Director of Enforcement Consumer Financial Protection Bureau1700 G. Street NWWashington, D.C. 2055
CC: Law Firm Cravath, Swaine & Moore LLP
CC: Consumer Financial Protection Bureau
CC: Attorney General’s Office
CC: Better Business Bureau
CC: State Senate
CC: Federal Trade Commission
CC: State Regulatory agency
Sincerely,
[Your Name]