I followed a link that I found on this form, for opting out of Lexis Nexis. I've just gotten a letter from them today stating that I need to provide documentation that I am either a law enforcement of public official, a victim of identity theft, or at risk of physical harm, and that my request has been 'put on hold' until I do so. I'm lost at what I'm supposed to do here.
I would send them a letter that pursuant to the FCRA, as a CRA, they are REQUIRED to OPT anyone out of their lists, that their letter refusing to do so, is a violation of the FCRA, and you are demanding that they abide by the request as they are required by law, and enclose a $1,000 check for their refusal to do so earlier!
Jam, could you elaborate on specific areas of the FCRA law that they're violating? Thanks, I want to opt out of Lexis Nexis ASAP.....
Well, there is only one OPT-OUT provision in the FDCPA. That's for the pre-approved offers of credit and insurance. Any CRA is required to maintain an opt-out list, (or answer that they don't maintain a pre-approved offer of credit or insurance mailing list database, and don't intend to do so in the future.)
jam, I'm a little bit confused. Are they violating the FCRA or the FDCPA? And what section of whichever it is should I be quoting to them with regards to their requirement to opt me out at my request? Also, could you or someone please post the link to where to go to opt out, as I can't reference the one I followed because I don't have the 25 posts needed to post links so I can make sure I went to the right place. Thanks, Vanessa
Lexis Nexis is a CRA, so they are governed by the FCRA. A debt collector is governed by the FDCPA, (and the FCRA if they choose to report to a CRA). An original creditor who chooses to report to a CRA is governed by the FCRA.
Here is the letter I've just composed to mail to them in response. To Whom It May Concern, I visited your webiste [xxx] lexisnexis.com/privacy/for-consumers/opt-out-of-lexisnexis.aspx to opt out of your pre-approved offers of credit and insurance. I filled in the necessary information and submitted the entry via your website. About a week later, I received a letter from your company, demanding proof that I am If you are a law enforcement officer or public official, submit a letter from your supervisor stating that your position exposes you to a threat of death or serious bodily harm; or If you are a victim of identity theft, submit a copy of a police report documenting the identity theft or documentation that verifies the identity theft claim such as a letter from your credit card company, and an Identity Theft Affidavit; or If you are at risk of physical harm but do not work in law enforcement, submit a copy of a court protective order, a copy of a police report or similar documentation such as a letter from a social worker, a shelter administrator or a health care professional Clearly, there is an error, as I am instructing you to opt me out of list for pre-approved offers for credit and insurance, as you are required by the FCRA to do upon request. Please do so immediately. Sincerely,
I love the fact that their KnowX legalese, 'disclaims' that the report that it generates will not be used for a FCRA function.
