16 CFR Part 610 Amendments to Rule to Prevent Deceptive Marketing of Credit Reports and to Ensure Access to Free Annual File Disclosures
Free, I think not. Experian 1) Attempts to extort payment and 2) Enrich their database at the consumer's expense. November 19, 2009 To: Kim Hughs Experian Fax Re: James Cobb DOB **-**-**** Email = ************ Kim: I received a Bank of America letter stating that you, Experian, require a burdensome list of identity requirements. The below text was filed on the FTC website this date. Additionally I made a FOI request for any similar claims of abuse by Experian. Jim ***-***-**** Ps: I have not as yet received my updated credit report or confirmation that you received my fax of last week? **************************************************** FTC posted to website 11-19-2009 File: As stated in a letter I received from Bank of America I am entitled to a “free” copy of my credit report from Experian. I wrote to Experian providing reasonable contact information which included my date of birth, current address, phone number and the last four digits of my social security number. Along with my details I included a copy of Bank of America’s letter. Further, I requested Experian to send said report to my address of record which matched the address as enumerated on the Bank of America letter. To date Experian has replied many times over with a form letter stating, in part, that I did not provide sufficient identification for us (Experian) to verify your (my) identity. Experian’s form goes on to mandate the following “identification” be furnished: Full name, including middle name and generation Current mailing address Social Security number Date of birth Complete addresses for the past two years One copy of a government issued identification card One copy of a utility bill, bank or insurance statement I find the the above mandates to be over burdensome, intrusive, and an attempt to collect information at my expense. As stated by Bank of America and provided for in the Fair Credit Reporting Act my request is for a “free” copy of my report not, Experian’s opportunity to enrich their database at my effort and expense. I find no specifications in the Fair Credit Reporting Act to justify or imply that Experian’s demands are within the scope of said act. I demand that Experian comply with the Fair Credit Reporting Act and Bank of America’s intent by providing a “free” (sic) copy of my credit report as prescribed. As above, I have and will continue to provide Experian a reasonable amount of information so that my request can be processed. On-line complaint filed with the OCC, October 12, 2009: I am angered and perplexed that Experian has four times now rejected my request for a “free’ copy of my credit report as directed in a letter (copy furnished to Experian) from Bank of America dated August 28, 2009. In said letter, Bank of America states in part …”Our credit decision (declined to issue a credit card as applied for) was based … on information in a report (from) Experian.” Immediately upon receipt of Bank of America’s letter I marked it up with a request to Experian for my “free” copy of my credit report as told by Bank of America. In correspondence Dated September 21, 2009, Experian stated I had not provided enough information to process my request. Yet, included in their correspondence Experian offered to “sell’ me a copy of credit report. Experian’s correspondence was properly addressed to me at the address above, on the Bank of America letter and apparently in their records? Is this legal and in compliance with the Fair Credit Reporting Act? On the one hand they say they don’t have enough information yet on the other they, apparently, have enough information to extort payment for what I am entitled to for “free.” The above withstanding, in my replies to Experian I, in a cover letter, supplemented my original request, as above, with the following additional information in support of my request for a “free” copy of my credit report: James L Cobb (**-***-****) (please do call with question or for documentation) SSN: ***-**-**** DOB: **/**/**** If the above is not adequate, I suggest you review the Fair Credit Reporting Act and correspond with me directly and expeditiously for further information. On Thursday I received a fourth correspondence from Experian, the same form letter described above, stating, “… you did not provide sufficient identification information for us to verify your identity…” As above, I feel Experian is in non-compliance with the FRCA and certainly not meeting the obligations as relayed in the correspondence I received from Bank of America. I have now written Bank of America three times about this issue. They have failed to reply.