Product: Credit reporting or other personal consumer reports

Dear TransUnion Consumer Relations, I am writing to formally address your decision to decline my fraud block request for the account referenced as XXXX XXXX XXXX ( Account Number : XXXX ), as detailed in your correspondence dated XX/XX/XXXX. I strongly disagree with your decision and believe your findings are inconsistent with the Fair Credit Reporting Act ( FCRA ) and applicable regulations. 

Points of Contention : Section 605B of the FCRA Improper Denial of Fraud Block : Under Section 605B of the FCRA, credit reporting agencies are required to block information resulting from identity theft when a consumer submits the necessary documentation. I provided the following documents : An official police report outlining the fraud. 
Proof of my identity and address. 
A detailed dispute letter requesting the removal of this fraudulent account. 
Your response indicates that the fraud block request has been declined because the account " reflected a history of previous payments made '' or " was opened prior to when the fraud was reported to have occurred. '' This reasoning is flawed for the following reasons : A creditor may not treat a payment as late for any purpose unless the creditor has adopted reasonable procedures to ensure that each periodic statement, including the information required by 15 U.S. Code 1637 ( b ), is mailed or delivered to the consumer no later than 21 days before the payment due date.

In my previous dispute, I specifically requested the necessary information that must be provided by law for you to report a payment as late. This request is made pursuant to Rule 1002. 
To properly report information as " verified, '' the furnisher ( in this case, your company ) must have sufficient evidence to support the conclusion that the information is accurate. This includes ensuring compliance with 15 U.S. Code 1666b.

You have failed to provide the required documentation to show that the conditions necessary for reporting the payment as late were met. Specifically, you did not provide proof that the periodic statement containing the information required by 15 U.S. Code 1637 ( b ) was mailed or delivered at least 21 days before the due date. 
It has now been over 30 days since my initial dispute, and you have not provided the necessary verification of this information. According to Black 's Law Dictionary ( 11th ed.

2019 ), the term verify means " [ t ] o prove to be true ; to confirm or establish the truth or truthfulness of ; to authenticate. '' Importantly, under the law, a furnisher is required to report a disputed item as " unverifiable '' if it can not be conclusively determined whether the information is accurate. 
XXXX v. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ) holds that if the furnisher can not verify the accuracy of the disputed information, it must report that the information can not be verified. If you are unable to verify that I missed a payment, you are obligated to delete any inaccurate information regarding the late payment from my credit report. 
Request for Deletion : As you have not provided sufficient evidence to verify the accuracy of the late payment, I request that you immediately delete the late payment information from my credit report. 

The presence of payments or an account history does not negate identity theft, as fraudulent accounts can involve payments made by the fraudster to maintain the account temporarily. 
The timing of when the fraud occurred does not exempt the account from being fraudulent or subject to investigation. 
Failure to Comply with FCRA Section 611 ( a ) : As a credit reporting agency, you are required to conduct a reasonable investigation into disputed information. However, your response does not demonstrate that you thoroughly investigated this account or requested supporting validation from the furnisher ( XXXX XXXX XXXX ). If the furnisher can not verify the ownership and legitimacy of the account, the information must be removed from my credit report. 

Inconsistent Justification and Lack of Supporting Evidence : Your assertion that my block request is a " misrepresentation of material fact '' is unfounded and without basis. You have not provided any evidence to substantiate this claim, nor have you addressed my requests for validation of the debt by the furnisher. 

Failure to Act in Good Faith : Your response indicates that I may submit " additional information, such as a letter from the data furnisher ( s ) or court document. '' However, I have already submitted all required documentation per Section 605B, including a police report and proof of identity. Placing an additional burden on me to obtain documentation from the data furnisher is unreasonable and contrary to the protections provided under the FCRA. 

Requested Actions : Reopen and Reevaluate the Fraud Block Request : Given the documentation I have already provided, I request that you immediately reevaluate my fraud block request and remove the XXXX XXXX XXXX account from my credit report in compliance with Section 605B of the FCRA. 

Provide Supporting Documentation for Your Decision : If you continue to deny my request, I demand that you provide me with all evidence you relied upon to determine that my fraud block request was made in error. 

Remove Inaccurate Information : If the furnisher ( XXXX XXXX XXXX ) can not validate the account with original documentation, including proof of ownership and a signed agreement, the account must be removed from my credit report. 

Adhere to Regulatory Obligations : TransUnion is required to ensure the maximum possible accuracy of consumer credit reports under 15 U.S.C. 1681e ( b ). Continuing to report inaccurate and unverifiable information is a violation of this obligation and exposes TransUnion to legal liability under 15 U.S.C. 1681n and 1681o for willful and negligent noncompliance.

1. Failure to Properly Investigate Your Dispute ( FCRA Section 611, 15 U.S.C. 1681i ( a ) ) : Requirement : Credit reporting agencies ( CRAs ) are required to conduct a reasonable investigation upon receipt of a consumer 's dispute regarding inaccurate information on their credit report. 
Violation : By declining your fraud block request without conducting a full and proper investigation, TransUnion failed to satisfy their obligation to ensure the accuracy of the information. 
Details : They appear to have relied solely on the furnisher 's ( XXXX 's ) response or pre-existing account history without independently verifying the accuracy or legitimacy of the account. 
2. Failure to Block Information in a Fraud Case ( FCRA Section 605B, 15 U.S.C. 1681c-2 ) : Requirement : Section 605B requires CRAs to block fraudulent information from a credit report if the consumer provides the necessary documentation, including : Proof of identity A police report or fraud affidavit A written statement identifying the fraudulent information Violation : TransUnion declined to block the information even though you provided the required documentation. Their reasoning ( that the account showed a history of payments or predated the reported fraud ) is not a valid exception under the law. 
XXXX. Failure to Provide Supporting Evidence ( FCRA Section 611, 15 U.S.C. 1681i ( a ) ( 6 ) ) : Requirement : When a consumer disputes information, the CRA must provide a written response explaining the investigation results and including documentation relied upon if the information is " verified. '' Violation : TransUnion did not provide any documentation or evidence to justify why they declined your fraud block request or how they verified the disputed account 's accuracy. 
4. Reporting Inaccurate Information ( FCRA Section 623, 15 U.S.C. 1681s-2 ( a ) ) : Requirement : The FCRA requires both CRAs and furnishers to ensure the maximum possible accuracy of reported information. 
Violation : By continuing to report the account without properly verifying its accuracy, TransUnion may have violated their obligation to ensure accuracy and avoid reporting unverifiable information. 
XXXX. Failure to Notify of Negative Reporting ( FCRA Section 1681s-2 ( a ) ( 7 ) ) : Requirement : Before reporting negative information, furnishers must notify consumers in writing within 30 days. 
Violation : If XXXX XXXX XXXX did not notify you before reporting the account as negative, and TransUnion did not verify this notification was given, they both may have violated this provision.

6. Misrepresentation of Investigation ( FCRA Section 1681e ( b ) ) : Requirement : CRAs must use reasonable procedures to ensure the accuracy of the information included in consumer credit reports. 
Violation : By declining your fraud block request and continuing to report information without reasonable verification, TransUnion may have failed to meet this standard.

7. Failure to Provide Adequate Notice Regarding Your Rights ( FCRA Section 609, 15 U.S.C. 1681g ) : Requirement : When a consumer disputes information, the CRA must clearly communicate their rights and the reason for any decisions made. 
Violation : TransUnion 's response does not adequately explain why your fraud block request was declined, nor does it provide any substantiating documentation for the decision. 
8. Re-Aging Debt ( Improper Reporting Practices ) : Requirement : Credit reporting agencies and furnishers are prohibited from re-aging debts to make them appear newer than they are or to extend the reporting timeline artificially. 
Violation : If TransUnion or XXXX has manipulated the " Date of Last Activity '' or " Date Opened '' to make the debt appear active despite being transferred or sold, this is a form of re-aging and a violation of the FCRA. 
XXXX. Violation of the Consumer Financial Protection Act ( CFPA ) : Requirement : Under 12 U.S.C. 5531, credit reporting agencies are prohibited from engaging in " unfair, deceptive, or abusive acts or practices '' ( UDAAP ).

Violation : By providing misleading information, failing to investigate thoroughly, and improperly declining your fraud block request, TransUnion 's actions may constitute unfair or deceptive practices. 

1. Failure to Conduct a Reasonable Reinvestigation ( FCRA Section 611, 15 U.S.C. 1681i ( a ) ( 1 ) ) : Requirement : When a consumer disputes information on their credit report, CRAs are obligated to conduct a reasonable reinvestigation to determine the accuracy of the information. This includes obtaining evidence or documentation from the furnisher of the information ( e.g., XXXX ). 
Violation : By failing to properly reinvestigate and relying solely on XXXX 's unverified claims without requesting or reviewing adequate evidence, the CRAs are in violation of Section XXXX ( a ) ( XXXX ). They can not " verify '' information without substantiating documentation. 
XXXX. Failure to Provide Supporting Evidence ( FCRA XXXX XXXX ( a ) ( XXXX ) and XXXX ( a ) ( XXXX ) ) : Requirement : After completing a reinvestigation, CRAs are required to provide a consumer with written notice of the results of the investigation and a description of the procedure used to determine the accuracy of the disputed information. This includes any documentation used to verify the information. 
Violation : By refusing to provide documentation or evidence of their investigation, the CRAs are in violation of this section. Their response to the dispute lacks transparency and fails to explain how the account was verified. 
XXXX. Reporting Unverifiable Information ( FCRA XXXX XXXX ( a ) ( XXXX ) ) : Requirement : If the CRA can not verify the disputed information, they are required to delete it from the credit report. 
Violation : If the CRAs continue to report the account despite their inability or refusal to provide documentation that verifies the accuracy, they are violating this provision. Reporting unverifiable information is prohibited under the FCRA. 
XXXX. Failure to Ensure Maximum Possible Accuracy ( FCRA XXXX XXXX ( b ) ) : Requirement : XXXX must maintain reasonable procedures to ensure the maximum possible accuracy of the information included in consumer credit reports. 
Violation : By failing to substantiate the account with proper documentation and refusing to provide evidence, the CRAs are not taking reasonable steps to ensure accuracy. This also implies they are prioritizing the furnishers claims over consumer rights without justification. 
XXXX. Improper Stalling or Unreasonable Delays in Investigation ( FCRA XXXX XXXX ( a ) ( XXXX ) ) : Requirement : XXXX must complete their reinvestigation within 30 days ( 45 days if additional information is provided by the consumer ). 
Violation : Delaying the process without providing evidence and claiming the investigation is complete while still withholding substantiating documentation constitutes an unreasonable delay in violation of the time limits under the FCRA. 
XXXX. Engaging in Unfair, Deceptive, or Abusive Acts or Practices ( CFPBs Authority under the Consumer Financial Protection Act, 12 U.S.C. 5531 ) : Requirement : The CFPB prohibits CRAs from engaging in unfair, deceptive, or abusive acts or practices ( UDAAP ), which includes misleading consumers about their rights, delaying investigations, or providing conflicting information. 
Violation : By claiming the account is verified but refusing to provide documentation to support their claim, the CRAs may be engaging in deceptive practices. Their actions create confusion and undermine the consumer dispute process.

7. Refusal to Properly Address Consumer Disputes ( FCRA Section 1681i ( a ) ) : Requirement : Consumers have the right to dispute inaccurate or incomplete information as often as necessary until the matter is resolved. CRAs can not refuse to address disputes or fail to conduct proper reinvestigations for subsequent disputes. 
Violation : Refusing to thoroughly address your disputes or investigate them properly violates your rights under the FCRA. The CFPB has explicitly addressed these issues in past enforcement actions. 
XXXX. Failure to Remove Information After Inadequate Investigation : Requirement : If the CRA can not validate the accuracy of the information, it must delete or correct the disputed item. 
Violation : By continuing to report the account without sufficient evidence from XXXX or proper investigation, the CRAs are willfully reporting inaccurate or unverifiable information. 

Violation of Permissible Purpose for Reporting ( FCRA XXXX XXXX ) Requirement : A company reporting information on your credit report must have a permissible purpose, such as being the current creditor or owner of the debt. 
Violation : If XXXX has transferred the debt to collections, they no longer have a permissible purpose to report or update the account on your credit report. XXXX continued reporting of this account under Nissans name without validation is a violation of your rights. 

I demand that TransUnion answer the following questions : Who verified the account? 
Did XXXX XXXX XXXX XXXX provide verification, or did you contact the collection agency now handling the account? 

What documentation was used? 
Provide a copy of the specific documents you relied upon to verify the accuracy of this account. If no documentation was provided, explain how you determined the account is accurate. 

Why is XXXX reporting this account if it has been sold? 
If XXXX no longer owns the debt, why is it being reported under their name, and why was this not updated or removed from my credit report? 

How was ownership confirmed? 
Provide evidence that you confirmed the current ownership of the debt and verified the balance, status, and reporting rights of the furnisher XXXX and XXXX Notice : If this issue is not resolved promptly, I will take the following actions : File formal complaints with the Consumer Financial Protection Bureau ( CFPB ) and Federal Trade Commission ( FTC ) regarding TransUnions noncompliance with the FCRA. 
Escalate this matter to my state attorney generals office for review under state consumer protection laws. 
Pursue legal remedies for damages under the FCRA.