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1. With whom is the 'Commercial Business Fraud Shield' filed ?
2. Who filed this ?
3. Who told you that a 'Commercial Business Fraud Shield' was filed against you ?
I received a copy of my background check with an employment rejection letter from LiveOps. The report is from Experian It says: "Fraud shield summary"
File: Commercial Business Address: Marietta Police Athletic xxx Franklin Rd SE Marietta GA 30067(an old address) XXX-XXX-XXXX End--Experian Social Search There is also an address to be disputed on this report.
Thank you for your reply,
Experian has the strangest practices I have ever seen in a credit bureau and it issues the lowest credit score or all the credit bureaus.
1. The object is to have this removed from the public record and the first step is to dispute this entry with Experian by letter. Tell Experian in the first line of your letter that you are disputing that entry. Then inform them that you have never been involved in any fraud, have never been convicted, or even arrested for fraud, you never owned a business (And, include anything else related to this entry which Experian has). Also include in your dispute letter a request for all information furnished to them by the filing party. Experian will get in touch with the filing party which appears to be the Marietta Police Department and they will have 30 days to confirm the validity of their information by furnishing Experian with documentary evidence.
2. If the Marietta Police Department does not respond within the required 30 days, then Experian must remove it from your credit report and from their files and send you written confirmation that they have done so;
3. If Experian gives you any information on this entry, then your next step will be to contact the Marietta Police Department, advising them that their information is incorrect and they must remove the information from your name and send you proof to confirm that they have done so.
4. If they do not cooperate, and do not send you proof that they removed the erroneous information from your name, your next step would have to be to sue them for libel, slander, defamation of character, an injunction, enjoining them from distributing this information to anyone else, and damages.
In any action for slander (verbal false statements), libel (written false statements) and defamation of character, you as the Plaintiff, must prove all of the following elements,
1. Defendant made false and defamatory statements about you,
2. Defendant made the false and defamatory statements knowing that they were false, or made in reckless disregard of the truth,
3. Defendant "published" these defamatory statements - "Published" means to convey this information to a third person
4. The fourth element is you suffered damages to your name and reputation in the community. When the defamatory statements accuse the Plaintiff of committing a crime, the statements are slander Per Se" and "Libel Per Se", and you do not have to prove damages because it is a given that when one is accused of a crime, they will suffer damages and, therefore, no proof is of damages is required.
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