October 14, 2004
Re: Abuses & Fraud-Fair Credit Reporting Act-Experian-Baptist Air Life-Alexander Billing & Consulting, Inc.
Dear Senator:
Outrageous abuses of the Fair Credit Reporting Act (FCRA) are endemic, indeed, a serious threat to the public. Credit-reporting agencies, including Experian, are supposedly regulated by the Federal Trade Commission (FTC). Apparently, not. Complaints filed with FTC are digitally stored, not acted on. -- Only when "sufficiently" frequent, does FTC act. Convenient, isn't it?
Experian, along with several other credit-reporting agencies, fraudulently released personal information to a third party without my permission, informed consent, or prior knowledge. This writer is a burn survivor with no health insurance or assets. -- Still disabled from injuries and other medical problems.
Receive no medical care or governmental assistance of any kind, however. Don't want it, since the personal cost, bureaucratic obstacles are too enormous for "benefits" that have significantly decreased, intentionally in fact, become quite miserly. -- Interestingly, a non-partisan problem.
Also, this writer has no credit cards, consumer credit, or credit history. … Always pay cash for everything. Was self-employed up to the fire. All medical debts were forgiven, with exception of Baptist Air Life, -- which provided helicopter transport to the San Antonio Brooke Burn Center approximately a year and a half ago. When this burn survivor refused to provide Baptist Air Life and its billing company, Alexander Billing & Consulting, with highly personal information unrelated to injuries and refused demanded prior consent to a future property search, they threatened further action about a year ago. Interestingly, never heard from them again, or any other medical provider.
Was not aware of anything amiss until September 17, 2004 -- when I sought cellular service with Alltel to secure Internet access. Inquired as to the amount of cash deposit required to obtain service, since I had absolutely no credit and didn't want any. They asked for particulars, but failed to disclose the fact they concurrently ran a credit check. Disingenuously and deceptively informed me, however, only a cash deposit of $100 would be required. … Generous of them, no?
When informed I'd think about it, intended to shop around, and when asked to delete all information, only then did they disclose what had deceptively transpired. -- And that I'd generously receive confirmation of the unsolicited "credit offer" in the mail in approximately a week. When this correspondence was received, only then did I learn four credit-reporting agencies had been contacted by Alltel. Immediately, requested each of these agencies to provide a copy of the credit information fraudulently supplied.
Only then, was I informed of collection action by Datasearch, Inc., -- apparently on behalf of Baptist Air Life. Have received absolutely no correspondence from Datasearch at any time. … Apparently, the negative information was posted by Datasearch on Experian and several other credit reporting agencies only for punitive purposes. After all, Datasearch made absolutely no effort to contact this writer by mail or any other means. None. Again, absolutely no other attempt by these shameless bastards to contact and/or collect the un-collectable cost of a nearly $10,000 medical helicopter flight to Brooke.
Worse, at no time did I knowingly or willingly give Baptist Air Life, Datasearch, Experian, or any other party permission to disclose any financial information. No informed consent. While documents were signed while I was hospitalized in Llano Memorial Hospital and Brooke, it was done under duress at a time this writer was in no condition to make informed decisions. At no time was I informed as to the consequences of providing these individuals with information.
As a law-abiding citizen, clearly, it was a serious mistake to give them a social security number. These unscrupulous bastards used this information to shamelessly screw a burn survivor. In the case of Alltel, the company sales person falsely represented himself and his intentions. Although these companies should be prosecuted for fraud, they are coddled and protected by the "Fair" Credit Reporting Act and a toothless Federal Trade Commission. Worse, citizens are outrageously shafted on a daily basis for the following reasons:
1) The "Act" does not require a credit-reporting agency to verify correctness or accuracy of its reports. The burden is deliberately placed on the consumer, the majority of which have no idea who has what information, and what is being done with it.
2) Consumers, in reality, have no right to refuse to provide information. On the contrary, they are in fact quite intentionally and craftily coerced. … If information requests are indeed refused, they will not receive necessary services, such as phone service, medical care, employment offers, etc.. The perfect, "Catch-22."
3) Companies are outrageously granted the "right" to make sure their requests for credit reports of consumers are viewed by other companies and agencies. For punitive purposes. Clearly, the case for Datasearch, especially since they've made no attempt to contact this writer to collect the un-collectable cost of a medical helicopter flight. In the case of Alltel, the provider wanted to mark turf, ensure other cell phone providers would know service had been sought. It was not done for credit purposes, however, since this writer had made it quite clear payment would be guaranteed with a cash deposit. In the case of Choicepoint, interestingly, they elected to make sure their request was only viewed by this writer.
4) Motor vehicle insurance companies are allowed to outrageously demand a credit check to consider requests for liability insurance mandated by law. My driving record is perfect. How in hell is a credit check germane to provision of liability insurance? -- An unproven correlation falsely claimed to discriminate against state-required insurance requests by consumers, and falsely inflate cost.
5) Employers are allowed to ask for credit checks of prospective employees. -- Another unproven correlation falsely claimed by the business community to discriminate and/or deny employees work and financial privacy. Respectfully, Senator, what's next? Should government permit businesses to ask equally un-germane questions regarding child-rearing practices, or more cynically, one's sex life or preferences? … After all, the Fascist Right already insists on legislating what a woman can and cannot do with her uterus.
6) Credit-reporting agencies are apparently not required to provide consumers with identities of their corporate officers. Ms. Hernandez, of Experian, refused to disclose the name and corporate address of the Experian chief executive officer so a written complaint could be sent to him or her. Also, she refused to provide the name of her superior or transfer my call. Apparently, Experian answers to no one, -- other than itself. Convenient, isn't it? Yet, these outrageous bastards are free to disclose personal financial information without knowing, or non-coerced, consent.
7) Credit-reporting agencies apparently have the "right" under FCRA to provide consumer information to prospective creditors and insurers. To get relief, consumers are forced to opt out. -- A telephone call only results in two years of relief. For permanent relief, consumers must respond in writing at their own expense: time, cost of postage and an envelope. Why isn't the policy opt in, rather than opt out? Why are these outrageously greedy corporate bastards granted this unwarranted unearned perquisite? Increasing the ungodly amount of unwanted junk mail in the process?
Again, these abuses merely scratch the surface and are clearly a bi-partisan problem. While there is no chance for change since Congress is bought and paid for by corporate lobbyists, respectfully and kindly understand the exceptional extent of division in our formerly great country will only worsen as a result.
Clearly, constitutional and civil rights and liberties have been abrogated, not only by the "Fair" Credit Reporting Act, but also by the USA "Patriot" Act and other equally unconstitutional Executive Orders. Sadly, Congress and the President have eviscerated the Fourth, Fifth, Sixth, and Eighth Amendments. … What no foreign aggressor could ever secure on the battlefield, a shamefully gutless Congress and President ceded the enemy, through passage of this outrageous legislation. Grossly un-American, and cowardice at its worst. As Franklin wisely, prophetically asserted two hundred years ago, anyone willing to trade liberty for security deserves and winds up with neither.
Sadly, government, in collusion with the business community, has successfully eviscerated all privacy. Rhetorically but respectfully, Senator, think the legal and not-so-legal "bribes" from corporate lobbyists to do their bidding truly worth the loss? Small price to pay? Kicker? -- While eviscerating privacy, TSA throws $400K dinner galas.
Tragically, an exponentially increasing number of Americans rightfully have no faith or trust in any level of government. Without question, the "Fair" Credit Reporting Act and USA "Patriot" Act are only the tip of the proverbial iceberg. No matter the results of Nov. 2, abuses of power will only worsen. Tragically, -- so will the division.
Healthcare will soon become the most urgent problem facing citizens. Well over forty million of us have no coverage, receive no care. Sadly, few of us can afford the $7500 annual health insurance premium cynically allotted members of Congress by themselves, -- courtesy of shamelessly looted taxpayers. … When Brooke learned this writer had no insurance, they wanted to dump this patient the very next morning, -- despite being seriously enough injured to require helicopter transport several hours earlier to the Burn Center.
Only when an enormous stink was made, did they relent and continue badly-needed care for three additional days. … Then, was forced out to return to my burned-out residence, -- an old motorhome. Received remarkably little help from the Red Cross, most of it, sadly in fact, outrageous waste. For over a year, lived under dire survival conditions with virtually no assistance, and no hook-ups. Making repairs, trying to survive and recover, assistance from local church groups a joke. Precisely, why the Cretans at Datasearch, Experian, three other credit reporting agencies, Alexander Billing, and Baptist Air Life must be exposed for the outrageous bastards they clearly are.
The First Amendment, however, is under direct attack in our increasingly fascist country. … Sadly, not just the Establishment Clause ensuring church-state separation, but also free speech. … This writer has been unconstitutionally denied Internet access at both the Burnet and Llano County Library Systems, public computers, for publishing constitutionally protected material regarding outrageously corrupt and abusive local government officials. In Nazi America.
If unable to return to publication due to continued medical and financial disability, will certainly forward all germane correspondence related to the healthcare and credit-reporting agency fiasco to news agencies. … Sadly, a substantial amount of material. After all, the public has the right to know precisely how ill-served they are by healthcare providers, "credit" agencies, and their shills in government. Sad fact, privacy indeed has been eviscerated, -- by government and the corporate community. … For the proverbial thirty pieces of silver.
Seven years ago in response to a letter from this writer, you provided no assistance regarding an unrelated constitutional rights issue. Expect no better this time. Regardless, as a United States Senator, you should be informed of outrageous abuses, and growing ire of an increasingly divisive, divided, disenfranchised public extremely tired of unresponsive, deceptive, irresponsible, worthless government.
Sincerely,
Tim Chorney
P.O. Box 997
Buchanan Dam, Texas 78609
Cc: 1) Ms. Hernandez, Experian/Disputes; 2) Experian Consumer Fraud Assistance; 3) File