Date Received: 2021-03-10
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I mailed a letter to the credit bureaus on XX/XX/2021 asking them to validate suspicious accounts i noticed on my credit report due to my identity being compromised. They have failed to even investigate or send me correspondence back indicating they did an investigation and what the out come was. I have no knowledge of these accounts XXXX XXXX XXXX ENHANCED RECOVERY CO XXXX XXXX Original Creditor : XXXX XXXX ) XXXX ... XXXX. XXXX, XXXX XXXX Original Creditor : XXXX XXXX XXXX ... XXXX. XXXX, XXXX XXXX Original Creditor : XXXX XXXX XXXX that listed on my credit report. Further more, this account can not be 100 % accurate as there are open dates they have listed on my credit report varies between the 3 bureaus. How can one account be opened on different days? I want there alleged accounts in question to be removed from my credit report immediately.
Company Response:
State: TN
Zip: 38125
Submitted Via: Web
Date Sent: 2021-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-10
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( s ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT METRO 2 data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX , XXXX , and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with The XXXX XXXX XXXX Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C. 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. Finally, you are reporting the INQUIRIES that are the result of the same type of fraudulent activities. It must be noted that I did not apply for credit accounts with the below-listed companies and creditors, some of these are the result of attempts to open accounts, but the companies did not approve the accounts. Therefore, these inquiries must be deleted from within my credit file. You can not delete the fraudulently opened accounts without also deleting the fraudulent inquiries. It should be noted that an inquiry that was not made by me is not a factual record, just as a fraudulently opened account is not a factual record and not referred to the creditor to be disputed directly with them. The credit reporting agencies have attempted to address an inquiry as a factual record of file access, but if it was done through fraudulent means, it is not a factual record. As a consumer, I should not be required to dispute each fraudulent inquiry directly with each company. These inquiries are the result of fraudulent activity and therefore, inaccurate in which the credit reporting agencies or the creditors can not verify, meaning that these inquiries are unverifiable information and must be deleted from my credit files. 1. ENHANCED RECOVERY COMPAN bal. {$420.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX CC : XXXX- XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX CC : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX CC : XXXX- XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, FL XXXX CC : Attorney General Office XXXX XXXX XXXX XXXX XXXX. XXXX, FL XXXX
Company Response:
State: GA
Zip: 30134
Submitted Via: Web
Date Sent: 2021-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-10
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Social Security # XXXX DOB : XX/XX/XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, Texas XXXX XXXX XXXX XXXX XXXX, XXXX XXXX. XXXX XXXX, XXXX, GA XXXX XXXX XXXX XXXX, XXXX XXXX. XXXX XXXX, XXXX, PA XXXX DISCLOSURE : THIS IS NOT AN IDENTITY THEFT DISPUTE, PLEASE REFRAIN FROM TAKING ANY POSITION OF IDENTITY THEFT EITHER WITH ANY CREDIT REPORTING AGENCY OR ANY SUBSCRIBERE THAT PARTAKES IN THE PRIVLIDGES ON REPORTING CONSUMERS PAYMENT HISTORY, IT IS A DISPUTE ON GROUNDS OF VALIDATION PURPOSES ONLY. LEGAL DISPUTE REQUESTING FULL DISCLOSURE OF TRUE TIMELINES PERTAINING TO TRADELINE PROCUREMENT, IN ADDITION TO ACTUAL PAYMENT HISTORY PROVING ACTUAL INITIAL DATE OF FIRST 30-DAY LATE PAYMENT HISTORY, THUS TRIGGERING THE 7-YEAR RULE THAT RELATES TO ERRONEOUS OR OBSOLETE INFORMATION. 605. Requirements relating to information contained in consumer reports [ 15 U.S.C. 1681c ] ( a ) Information excluded from consumer reports. Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title 11 [ United States Code ] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years. ( 2 ) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. ( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years. ( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. ( 1 ) ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1 ( b ) Exempted cases. The provisions of subsection ( a ) of this section are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more ; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more. ( c ) Running of reporting period. ( 1 ) In general. The 7-year period referred to in paragraphs ( 4 ) and ( 6 ) ** of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. CREDITOR CONTACT INFORMATION : DEPT OF ED/XXXX XXXX XXXX XXXX XXXX, PA XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. U S DEPT OF ED/XXXX XXXX XXXX XXXX XXXX XXXX, IA XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. XXXX XXXX XXXX XXXX XXXX XXXX XXXX., XXXX, NC XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX ( XXXX ) XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. US DEPT OF DE XXXX XXXX XXXX XXXX, TX XXXX ( XXXX ) XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. XXXX XXXX XXXX XXXX XXXX, FL XXXX ( XXXX ) XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. XXXX XXXX XXXX XXXX XXXX, DE XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. ENHANCED RECOVERY CO L XXXX XXXX XXXX XXXX, FL XXXX ( XXXX ) XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , PA XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. DISCLOSURE : At no time is this a dispute of identity theft or fraud, and I want my dispute answered by the creditor supplying the information on me to be 100 % validated, and/or to see if the timeline for its existence has passed, or if the credit/collection/public record tradeline is on my credit report in violation of the Fair Credit Reporting Act or a violation of the Fair Debt Collection Practices Act. Any item that I believe is not being validated by the creditor or collection agency or public record vendor will be disputed with the Consumer Financial Protection Bureau at a future date. If the item in dispute is legally valid, I will stand by that validation. We only request validation of information and/or debt ownership. At no time will I dispute a credit reporting agency, as it is imperative to the American free markets that XXXX, XXXX and XXXX XXXX maintain integrity for the American consumers. The following federal laws are what I am basing my rights under : Amended consumer rights Fair Credit Reporting Act Public Law 15 U.S.C. 1681 : https : //www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf Fair Debt Collection Practices Act : https : //www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text I make this request based upon potentially six criteria : 1 ) That I personally agreed and signed a application and/or contract on an extension of credit, and that I may have been late on payments and desire to find an agreed upon timeline when my credit trade line will go to a positive status, or be in position for its legal deletion mandated by the Fair Credit Reporting Act 7-Year rule on the deletion of antiquated information. 2 ) That there may be items on my credit report that was acquired through a public record vendor, and that I may request a fully documented validation of any or all items posted from public record, and upon discovery may request the deletion of the public record postings based upon legal time limits, and/or completed research proving the settled agreements between myself and a second or third party. In and event, if the public record is legal, I will agree upon the trade line being maintained on my credit report until the time arrives where it can legally be removed. 3 ) I may dispute any collection agency that maintains that they are attempting to collect a debt, either for an original creditor I may have had an association with, or if the collection agency maintains that they have acquired the debt. I may request from the debt collector full documentation of assignment of debt collection in written form as mandated by the Federal Trade Commission, including but not limited to verification that the collection agency is bonded and legally approved to collect debts from consumers within my state of residency, and if the agency maintains that the debt has been acquired by purchase, then full documented history of the debt transfer either directly from the original creditor and/or from the securitized trust the debt may have been sold to in a debt portfolio administered through the full regulatory body of the Securities and Exchange Commission. I may in addition request such documentation through the Federal Deposit Insurance Corporation if that is indeed the governing body of the original credit grantor. 4 ) I will dispute all public utility payment histories including the collection process assigned to any collection agency, as all public utilities including cell phone charges, natural gas, electric and public violations within municipalities are not governed by the Fair Credit Reporting Act, but by governing bodies within each state known as public service commissions. At no time will I ever agree upon the postings of public utilities on my credit report, even though I understand that I may volunteer to add my payment histories of this nature at any time. 5 ) I may request the services of the Consumer Financial Protection Bureau to help me as a potential mediator in cases where I believe that my rights under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act are in violation. At all times I will maintain a professional demeanor on the clearance of negative information on any of my credit reports. 6 ) I will only file a direct complaint with any credit reporting agency if I believe enough evidence has been ascertained showing that the creditor, collection agency and/or public service vendor is in violation of their subscriber agreement with any credit reporting agency. I may dispute excessive inquiries posted on my credit reports based on the following. As the Federal Trade Commission struggles every year with maintaining the integrity of the credit community, from filing charges against illegal collection practices that abuse against the Fair Credit Reporting Act ( FCRA ) and The Fair and Accurate Credit Transactions Act ( FACTA ), bigger problems have evolved that may never be addressed without Congressional overhaul on current legislation. There is one major problem in the FICO scoring models implemented with each major credit reporting agency ( CRAS ). The excessive use of credit checks that draw down ones credit scores, and in many cases these credit reports are run as a full inquiry that causes severe damage to a persons credit score even though there was no validation on approval to pull credit or as the FCRA states a legitimate business need. Accordingly ; I may request under my rights under the Fair Credit Reporting Act ( FCRA ), the Fair and Accurate Credit Transactions Act ( FACTA ), and the Fair Debt Collection Practices Act ( FDCPA ) I request a full validation of each posted inquiry, proving that I indeed signed a credit authorization for each inquiry. DISCLOSURE : THIS IS NOT AN IDENTITY THEFT DISPUTE, PLEASE REFRAIN FROM TAKING ANY POSITION OF IDENTITY THEFT EITHER WITH ANY CREDIT REPORTING AGENCY OR ANY SUBSCRIBERE THAT PARTAKES IN THE PRIVLIDGES ON REPORTING CONSUMERS PAYMENT HISTORY, IT IS A DISPUTE ON GROUNDS OF VALIDATION PURPOSES ONLY. LEGAL DISPUTE ON EXCESSIVE INQUIRY PRACTICES INTO A CONSUMER REPORT WITHOUT PROPER DISCLOSURES IN PLACE AND/OR ABUSIVE EXTENSION OF LEGITIMATE BUSINESS PURPOSES, THIS IS THE ACTUAL GUIDELINES OF OBTAINING CONSUMER REPORTS UNDER THE FAIR CREDIT REPORTING ACT As a public service, the staff of the Federal Trade Commission ( FTC ) has prepared the following complete text of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. Although staff generally followed the format of the U.S. Code as published by the Government Printing Office, the format of this text does differ in minor ways from the Code ( and from West 's U.S. Code Annotated ). For example, this version uses FCRA section numbers ( 601-625 ) in the headings. ( The relevant U.S. Code citation is included with each section heading and each reference to the FCRA in the text. ) 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumer 's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant 's financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account. ( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individual 's capacity to make child support payments or determining the appropriate level of such payments ; ( B ) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; ( C ) the person has provided at least 10 days ' prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested ; and ( D ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. ( 5 ) To an agency administering a State plan under Section 454 of the Social Security Act ( 42 U.S.C. 654 ) for use to set an initial or modified child support award. ( b ) Conditions for furnishing and using consumer reports for employment purposes. ( 1 ) Certification from user. A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumer 's rights under this title, as prescribed by the Federal Trade Commission under section 609 ( c ) ( 3 ) [ 1681g ]. ( 2 ) Disclosure to consumer. ( A ) In general. Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless -- ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes ; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person. ( B ) Application by mail, telephone, computer, or other similar means. If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application -- ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumer 's rights under section 615 ( a ) ( 3 ) ; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. ( C ) Scope. Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumer 's application for employment only if -- ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. ( 3 ) Conditions on use for adverse actions. ( A ) In general. Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates -- ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this title, as prescribed by the Federal Trade Commission under section 609 ( c ) ( 3 ). I have opted out of my public information with XXXX, and I believe that requesting the deletion of any inquiry based on any legitimate connection to a public record vendor such as XXXX is within my rights under the Fair Credit Reporting Act ( FCRA ), the Fair and Accurate Transactions Act ( FACTA ) and the Fair Debt Collection Practices Act ( FDCPA ). In review of the numerous hard copy disputes on my credit report, I am requesting only the proper protocol to be adhered to in order to maintain the legitimacy of the hard inquiry, that includes an actual name of the person involved with any company that pulled a hard review of my credit history, but in addition a copy of the actual report ascertained from such a review. If these items can not be produced, then by deductive reasoning the hard inquiry is not 100 % legitimate. Accordingly, under review of 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ), I request the deletion of the following lists of hard inquiries as follows : I demand my rights be protected based on the 2020 Edition of the Privacy Act published by the U.S. Department of Justice. B. 5 U.S.C. 552a ( a ) ( 2 ) Individual [ T ] he term individual means a citizen of the United States or an alien lawfully admitted for permanent residence. 5 U.S.C. 552a ( a ) ( 2 ). Comment : The Privacy Acts definition of individual is much narrower than the FOIAs definition of person, which draws from the Administrative Procedures Act. See 5 U.S.C. 551 ( 2 ) ( XXXX ) ( defining person as an individual, partnership, corporation, association, or public or private organization other than an agency. ) ; see also, e.g., XXXX, XXXX XXXX at XXXX ( comparing use of the word individual in the Privacy Act, as opposed to the word person, as more broadly used in the FOIA ) ; Cudzich v. INS , 886 F. Supp. 101, 105 ( D.D.C. XXXX ) ( A plaintiff whose permanent resident status had been revoked is not an individual for the purposes of the Privacy Act.... Plaintiffs only potential access to the requested information is therefore under the Freedom of Information Act. ). The Privacy Act generally covers citizens and lawful permanent residents, but others have some protections. Generally, individuals under the Privacy Act are US citizens and lawful permanent residents. See S. Rep. No. 93-1183, at 79, reprinted in Source Book at 232, https : //www.justice.gov/opcl/paoverview_sourcebook ; OMB XXXX Guidelines, 40 Fed. Reg. at 28,951, https : //www.justice.gov/paoverview_omb-75. The Privacy Act as initially enacted did not generally protect non-resident foreign nationals. See, e.g., Raven v. Panama Canal Co., 583 F.2d 169, 170-71 ( 5th Cir. XXXX ) ( referencing legislative history that reflects the congressional intent to exclude nonresident aliens from Privacy Act coverage ) ; Soto v. State, 244 F. Supp. 3d 207, 208-09 ( D.D.C. XXXX ) ( per curiam ) ( unpublished table decision ) ( citing XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX. XXXX ) ) ( [ Privacy ] Act only protects citizens of the United IMMEDIATE ACTION REQUIRED : PLEASE INSERT A BLOCK ON MY FILE FROM ALL FUTURE PROMOTIONAL REVIEWS THE FOLLOWING ATTACHED REVIEWS OF MY CREDIT IS A DISASTER AND I WOULD HAVE NEVER HAVE AUTHORIZE SO MANY REVIEWS. I HAVE DELETED ALL APPLICATIONS. PLEASE DELETE ALL OF THE ATTACHED CREDIT REVIEWS AS THEY WOULD HAVE NEVER BEEN AUTHORIZED. PLEASE BLOCK MY CREDIT REPORT INFORMATION FROM ALL UNAUTHORIZED INQUIRIES FROM THIS POINT FORWARD : This letter is addressed to the subscriber furnishing the information on my credit reports, and if this letter is addressed to any credit reporting agency, then it is considered a ghost letter mirroring the actual request for documentation of a credit trade line I may have issues with. It is my understanding that each credit reporting agency has an obligation to maintain accuracy within the banking/credit community, and I will fulfill my obligations to work within the credit system as it was designated. Thank you for your full consideration in this matter. Sincerely, XXXX XXXX XXXX XXXX
Company Response:
State: NY
Zip: 122XX
Submitted Via: Web
Date Sent: 2021-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-10
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( s ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT METRO 2 data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX , XXXX , and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with The XXXX XXXX XXXX, Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C. 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. Finally, you are reporting the INQUIRIES that are the result of the same type of fraudulent activities. It must be noted that I did not apply for credit accounts with the below-listed companies and creditors, some of these are the result of attempts to open accounts, but the companies did not approve the accounts. Therefore, these inquiries must be deleted from within my credit file. You can not delete the fraudulently opened accounts without also deleting the fraudulent inquiries. It should be noted that an inquiry that was not made by me is not a factual record, just as a fraudulently opened account is not a factual record and not referred to the creditor to be disputed directly with them. The credit reporting agencies have attempted to address an inquiry as a factual record of file access, but if it was done through fraudulent means, it is not a factual record. As a consumer, I should not be required to dispute each fraudulent inquiry directly with each company. These inquiries are the result of fraudulent activity and therefore, inaccurate in which the credit reporting agencies or the creditors can not verify, meaning that these inquiries are unverifiable information and must be deleted from my credit files. 1. ENHANCED RECOVERY COMPAN bal. {$330.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXXXXXX XXXX XXXX XXXX XXXX, Iowa XXXX CC : XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX CC : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX FL XXXX CC : XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX. XXXX, FL XXXX CC : Attorney General Office XXXX XXXX XXXX XXXX XXXX. XXXX, FL XXXX
Company Response:
State: FL
Zip: 32606
Submitted Via: Web
Date Sent: 2021-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-10
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: In XXXX XXXX added a collection to my credit report and it was removed in XXXX due to fraud and it was off my account from then until XXXX. In XXXX, Enhanced Recovery Co. added it back to my credit report AND illegally re-aged the account stating it is a NEW collection with a " date opened '' as XX/XX/XXXX which even if this was mine, is WRONG. I disputed online with the credit bureaus and was told it was verified. It obviously wasn't. I called and requested to dispute again and was allowed to submit documents so I sent them a copy of an actual page from a XXXX credit report that shows this XXXX account with this same amount due. I also sent a FICO report that was pulled by a mortgage company in XX/XX/XXXX that shows this collection was NOT on my report at the time. They STILL came back and told me it was verified! It appeared they tried to change the date to XXXX on one of the reports but they still didn't even have the dates correct. Thank you
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-09
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I received a bill from ERC about an account not paid with XXXX XXXX XXXX XXXX I have never had an account with XXXX XXXX XXXX XXXX and this is not my debt. I have had no prior notices from XXXX XXXX XXXX XXXX and this is " out of the blue ''. I also read online that this same thing has happened to other people also billing from XXXX XXXX XXXX XXXX that is not their bill from this same company and that they have many consumer complaints. I assume this is a scam. I do not want to reply to the company to encourage them to continue. I am XXXX years old. I should not have to deal with this fraud. This is the information from ERC : Account number XXXX ; Reference number XXXX the amount of XXXX due to XXXX XXXX XXXX XXXX. I do not have an account with XXXX XXXX XXXX XXXX and I have never had an account with XXXX XXXX XXXX XXXX. XXXX XXXX
Company Response:
State: WA
Zip: 982XX
Submitted Via: Web
Date Sent: 2021-03-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-09
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I have sent the collection agency multiple letters. They refused to validate the debt. They never notified me it was added to my credit in XXXX. They refused to correspond at all in this debt. I HAVE DEBT VALIDATION WRITTEN LETTERS XX/XX/XXXX, XXXX XX/XX/XXXX AND XX/XX/XXXX. ERC removed one acct for {$67.00} but did not remove the other acct for {$270.00} for XXXX. XXXX, XXXX and XXXX refused to correspond to method verification that they actually reached out to the company and verified the debt. they have exceeded the 30 days under federal law to supply evident this is a valid debt
Company Response:
State: CO
Zip: 80916
Submitted Via: Web
Date Sent: 2021-03-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-09
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I have disputed Enhanced Recovery Collection several times with XXXX and they are still reporting erroneous and inaccurate information. I understand the FCRA laws and this is why I am filing a complaint with the CFPB now.
Company Response:
State: CA
Zip: 92805
Submitted Via: Web
Date Sent: 2021-03-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-08
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I got a derogatory mark on all my three credit report stating this account got sent to collections. However, I do not have no knowledge of this debt and, that it does not belong to me. I would like to address this immediately and get this negative remark remove from my report. The account was removed and now has being reinserted back onto my credit report without my knowledge of this account. I've proof of account showing deleted and reappearing. ENHANCED RECOVERY COMPANY
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-03-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-08
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: This is from ERC, which is trying to collect from an old XXXX account. I stopped service with them because I could NOT get any service in my new office whatsoever at the time. This was in 2011. This was 10 years ago! The person who called me about this debt told me that I still owed it, even though it was from 10 years ago. At this point, cell phone carriers don't even make you do a contract. I had to cancel this contract because I could not use the service. The who called me about this said the debt is not on my credit, but that I still owed. I don't see how this can be true? I want them to stop trying to collect from me. Basically, trying to collect on a debt that is over 7 years old does not seem legal.
Company Response:
State: CA
Zip: 90605
Submitted Via: Web
Date Sent: 2021-03-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A