Mailed DeVry and Experian complaint to FTC

Mailed the complaint to the FTC today and now we wait and see.

The exhibits remained the same and here is the updated complaint:

To:

Federal Trade Commission                                May 7, 2009
Consumer Response Center
600 Pennsylvania Avenue, NW
Washington, DC 20580

Re: Complaint # 1 — Credit bureau Experian and DeVry intentional reporting of late payments long after accounts became collections

This is the first of a series of complaints published at my new blog http://credit-reporting-collection-ftc-complaints.info/.  After six devastating years of litigating as pro se consumer with no legal experience in the incredibly corrupt American judicial system, this is my hopefully final effort to document how America is destroyed by its government, regulators and major corporations.

The FTC and FRB easily could have prevented the current economic crisis by enforcing consumer protection laws.  ALL regulators ignored my numerous complaints about credit reporting and FICO credit scoring, my submissions in response to the FTC and FRB requests for public comments[1] and even my 2003 federal lawsuit.[2] The FTC, FCC, Federal Reserve Bank of Richmond and its VP James McAfee were named defendants, but chose to obtain dismissals instead of addressing the issues and preventing the credit crisis.

Since President Obama promised change, I am hoping that the FTC will once again investigate consumer complaints and TAKE ACTION.

Should the FTC choose to continue to ignore me, I will of course widely publicize its refusal to enforce consumer protection laws and hopefully convince many millions of (near) judgment-proof Americans to vote with their money and to STOP paying their unsecured bank debts.

The Experian and DeVry reporting of LATE PAYMENTS after accounts were charged off.

DeVry deliberately and maliciously reports student loans to Experian with LATE PAYMENTS after the loans became collections and even while their former students make timely payments in good faith.

Experian refuses to delete the obviously incorrect late payments despite receiving my client’s factual dispute and knowing that the account was a collection years earlier.

Enclosed are the following documents:

  • Exh. A:  3/3/09 CreditFactors letter to DeVry
  • Exh. B:  3/3/09 Response by Barbara Jones, DeVry
  • Exh. C: 12/12/08 Experian myFICO reporting of DeVry student loan
  • Exh. D: 12/30/08 Experian investigation results, verifying the late payments
  • Exh. E:  3/8/09 Experian reporting of the DeVry student loan on the consumer disclosure with the late payments after the account became a collection

Exh. E, the Experian credit reporting:

Account History:

Collection as of Feb 2004 to Feb 2005

180 days as of Dec 2005 to Apr 2007, Mar 2005 to Oct 2005, Aug 2003 to Oct 2003 [emphasis added]

Inexplicably, DeVry started to report the student loan collection as “180 days late” in 3/05, a year AFTER the account became a collection.

My client factually disputed with Experian in 12/08:

Please delete all late payments after the DeVry account was charged off and provide the scheduled deletion date.

Experian issues:

1. Experian failed to implement procedures to ensure maximum accuracy of credit reports.

Any first year programmer ought to be capable of writing a simple routine to either reject this obviously incorrect reporting of late payments after charge-off/collection or to automatically delete the incorrect late payments.

2. After receiving my client’s written dispute in 12/08, Experian failed to correct the reporting and it instead VERIFIED the obviously incorrect late payments on 12/30/08. [Exh. D]

There was NO need for Experian to forward the dispute to DeVry as its own reporting documented that the account had been in collection since 2/04.

3. Experian FAILED to disclose the scheduled deletion date. [Exh. E].

Experian FAILED to disclose the scheduled deletion date even AFTER my client specifically requested the disclosure in his 12/08 dispute and apparently Experian does not plan on ever deleting this collection.

Experian reports about 50% of my clients’ charge-offs and collections without the deletion dates and I don’t believe that it ever provided the scheduled deletion dates in response to my clients’ written disputes. Experian simply IGNORES the requests for the scheduled deletion dates of derogatory accounts.

Apparently Experian re-ages millions of charge-offs and collections and reports them indefinitely.

4. Experian FAILED to disclose the reporting of the disputed DeVry account with its investigation results. [Exh. D]

While consumers can access the Experian report online, not everybody has internet access.

DeVry issues:

1. DeVry verified the late payments with Experian after receiving my client’s dispute. [Exh. D]

2. I then contacted DeVry by telephone and finally spoke with Barbara Jones, DeVry Loan Administration Manager. She stated that DeVry DELIBERATELY reports these late payments after student loans became collections.

3. On 3/3/09 I faxed my concerns to Ms. Jones and she responded by fax that DeVry in fact deliberately reports student loans with late payments after they became collections. [Exh. B]

Exh. C is the DeVry account as reported on Fair Isaac’s myFICO report. It states:

Your FICO score evaluates how recently that missed payment occurred and in general, the more recent, the more impact it has on your score.

Of course the reporting of a charge-off or collection lowers the FICO scores, but as the derogatory account becomes older, the impact on FICO scores is less severe – UNLESS the account is reported as CURRENTLY DELINQUENT with NEW late payments.

As I have documented through my own litigation as well as client work, Experian is determined to force as many consumers as possible into sub-prime, high rate and high fee loans.

Experian STRIVES to destroy the FICO scores of GOOD people who experienced financial problems many years earlier.

Just about ALL mortgages require minimum FICO scores and are rated according to FICO scores.

I hereby request that the FTC immediately:

1. order DeVry to comply with the Fair Credit Reporting Act and to delete ALL late payments after collection / charge-off for ALL student loans.

2. order Experian to implement procedures to purge all late payments reported for accounts after they were charged off or became collections.

3. order Experian to properly delete all charge-offs/collections after 7 years and to disclose the scheduled deletion dates on all consumer disclosures.

4. assess appropriate fines against Experian and DeVry and order restitution for all affected consumers and reimbursement of my client’s $535 fee paid to me. ($385 and T150, trado payment can be arranged at http://www.tradobank.org)

These systemic FCRA violations greatly contributed to the economic crisis, forcing GOOD people into horrible loans and eventually homelessness and even suicide/murder.

The FTC can’t reincarnate the dead and I don’t expect it to buy back the homes for the many thousands of home owners who lost everything because their FICO scores were artificially lowered by systemic and malicious incorrect credit reporting.

I DO expect the FTC to finally take action and to enforce the law.

I provided the draft of this complaint and the exhibits to Devry and Experian on 4/28/09, posted at http://credit-reporting-collection-ftc-complaints.info.  Attorney Chang advised that he forwarded my email to the Experian in-house counsel and I provided my client’s identifying information today to Mr. Chang for further Experian investigation.

DeVry requested a new power of attorney for my client on 5/5/09, continues to report the late payments after the account became a collection and today DeVry senior counsel Sarah L. Fischer wrote that “DeVry University follows all applicable laws, rules and regulations in its business practices.”

Clearly, it is up to the FTC to once again ensure compliance with consumer protection laws.

Please feel free to contact me with any questions, preferably by email as I do not enjoy the luxury of postal service and I only receive my snail mail every few weeks.

Sincerely,

Christine Baker

c: posted at http://credit-reporting-collection-ftc-complaints.info and at other sites


[1] Posted at my Fight Back!!! forum topic “Why are the regulators REFUSING to enforce the law?” at http://fight-back.us/forum/index.php?showforum=24

[2] Posted at my CreditCourt site at http://forum.creditcourt.com/discus/messages/803/803.html



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