Credit reporting or other personal consumer reports -- Improper use of your report -- Complaint #11898867

Complaint Overview

Complaint ID: 11898867

Company: Early Warning Services, LLC

Product: Credit reporting or other personal consumer reports

Sub-Product: Credit reporting

Issue: Improper use of your report

Sub-Issue: Reporting company used your report improperly

State: Louisiana

ZIP Code: XXXXX

Date Received: 2025-02-02T12:00:00-05:00

Date Sent to Company: 2025-02-07T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

I am filing a formal complaint against Early Warning Services ( EWS ) for failing to provide proof of alleged fraud, violating due process rights, and refusing to comply with FCRA ( 15 U.S.C. 1681 et seq. ) and UCC 9-210 ( Request for Accounting in Secured Transactions ). Despite my lawful demand for verification and correction of my credit report, EWS has : Failed to provide verifiable proof of any alleged fraudulent activity connected to me. Failed to respond to my UCC 9-210 request for a full accounting of any alleged debts or obligations. Refused to correct erroneous information in violation of FCRA 611. Continued to report inaccurate derogatory accounts and inquiries, negatively impacting my financial standing. I have attached my FTC Identity Theft Report ( Report XXXX. XXXX ), which confirms that fraudulent accounts have been reported under my identity. Despite this evidence, EWS has not provided any supporting documentation to substantiate its claims, in direct violation of my rights under federal and state consumer protection laws. Summary of Violations : Failure to Provide Proof of Alleged Fraud ( Due Process Violation ) Early Warning Services has reported fraudulent accounts in my name but has failed to provide evidence supporting these allegations. Under UCC 9-210, I have the right to request a full accounting of any alleged obligations, including verification of financial records proving any liability against me. EWS has refused to comply. My FTC Identity Theft Report confirms that fraudulent accounts have been reported in my name. EWSs failure to acknowledge this violates due process rights under the Fifth and Fourteenth Amendments. Failure to Investigate and Correct Disputed Information ( FCRA Violations ) Under FCRA 611, EWS is required to conduct a proper reinvestigation and correct or delete any inaccurate or unverifiable information within 30 days. The following fraudulent accounts remain on my report without verification : XXXX XXXX XXXX Accounts : XXXX, XXXX XXXX XXXX XXXX XXXX Account : XXXX XXXX XXXX Account : XXXXXXXX XXXX XXXX Accounts : XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX Access Number : XXXX EWS has not provided any supporting documentation that proves the accuracy of these accounts, which means they must be deleted immediately per FCRA guidelines. Failure to Notify Furnishers of Disputed Information Under FCRA 1681s-2 ( a ) ( 8 ) ( E ), EWS must notify all furnishers when a consumer disputes an account. EWS has failed to notify the appropriate institutions, allowing fraudulent and incorrect information to remain on my file. Adverse Action Notice Violations ( 12 CFR 1002.2 ) EWSs failure to correct or remove fraudulent and disputed data has resulted in adverse actions against me without proper notice, violating Regulation B ( 12 CFR 1002.2 ). Legal Basis for My Complaint : UCC 9-210 Requires full accounting and verification of any alleged obligations. FCRA 611 ( 15 U.S.C. 1681i ) Mandates timely reinvestigation and correction of consumer credit data. FCRA 623 ( 15 U.S.C. 1681s-2 ) Requires credit reporting agencies to ensure the accuracy and completeness of consumer credit files. Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ) Credit reporting agencies must conduct reasonable investigations. Dennis v. BEH-1, LLC, 520 F.3d 1066 ( 9th Cir. 2008 ) Credit bureaus must properly verify disputed items. Shaw v. Experian Information Solutions , Inc., 891 F.3d 749 ( 9th Cir. 2018 ) Consumers have the right to accurate reporting, and agencies must correct errors promptly. NOTICE TO SETTLE & AFFIDAVIT OF CEASE AND DESIST This serves as a formal Notice to Settle. I am willing to resolve this matter amicably through a fair settlement. However, if no resolution is reached, I will take legal action against Early Warning Services for willful noncompliance with federal law. Additionally, I am issuing an Affidavit of Cease and Desist, demanding that EWS : Cease all reporting of inaccurate and unverifiable data immediately. Provide full proof of any alleged fraudulent accounts or obligations in my name. Refrain from further unauthorized sharing of my consumer information with third parties. Cease and desist from any further unlawful adverse actions against me. Failure to comply will result in federal legal action and complaints to the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), and Office of the Comptroller of the Currency ( OCC ) for regulatory enforcement and possible monetary penalties against EWS.Early Warning Services has engaged in unlawful reporting practices, causing financial harm and reputational damage. I demand immediate corrective action. If my requests are ignored, I will pursue legal action for all violations of FCRA, UCC 9-210, and consumer protection laws. Thank you for your prompt attention to this matter. Please respond in writing to my mailing address within the legal 30-day timeframe. Sincerely, /S/ XXXX R. XXXX XXXX XXXX XXXX XXXX

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