Consumer complaint received 2022-02-19
Company: Bread Financial Holdings, Inc.
Product: Credit card or prepaid card
Sub-product: Store credit card
Issue: Getting a credit card
Sub-issue: Card opened as result of identity theft or fraud

Complaint:
( Please see attachments for formatted version of this description ) -- -- -On XX/XX/XXXX I was notified by my parents that they had received a credit card ( Forever 21 card issued by Comenity Capital bank ) at their address in my name, which also came with a first bill with charges totaling {$490.00} made on XX/XX/XXXX and XX/XX/XXXX at the Forever 21 shop in XXXX  XXXX XXXX IL XXXX The statement closing date was XX/XX/XXXX with payment due data of XX/XX/XXXX. 


I was not aware of this card nor did I make the charges. I live and work in the XXXX since XXXX where I also have a family and own a house. I was not present in the US at the time this card was opened or when the charges were made. 


I immediately contacted Comenity Bank on XX/XX/XXXX and informed them that I did not open this card and that I dont live at that address and was not present in the US when these charges were made, and that I had been the victim of identity fraud. I wanted the account and liability immediately removed from my name. The representative on the phone said this appeared to be a clear case of fraud and the account would be removed from my name and transferred to their fraud department for further handling. I was led to believe that no further action was needed from me. 

Meanwhile I also contacted XXXX and put a hold on my credit and a fraud alert and opened a dispute against the fraudulent card. Through XXXX I discovered that the person who stole my identity and opened this card fraudulently used an old phone number for me ( which has not been in service for some years ). The address as well is that of my parents instead of my current address. On XXXX XXXX I filed my first complaint with the CFPB and on XXXX XXXX with the local police department where the fraudulent charges were made ( XXXX XXXX, IL ). Recently, on XX/XX/XXXX I have also filed a report of Identity Theft with the FTC. 


Through my earlier CFPB complaint I received the finding from Comenity that Our Account Protection ( Fraud ) team completed the fraud investigation and found no basis to support the fraud claim. As of the date of this letter, the balance on the account is {$490.00}. You are responsible for this balance. We reviewed the applicable telephone calls. We werent able to locate any instances where our representative agreed the account was fraudulent and/or advised the account would be removed from your credit file. 

I categorically and fully contest every part of the companys response to my complaint and it is clear they have not given this a conscientious or thorough review. They have apparently not taken into account that I do not live in the US nor was present when this credit card was opened and used in a physical store location, as I reported in my first and only conversation with Comenity on XX/XX/XXXX. They did not, and still have not provided me with clear or correct information regarding the process ( like the fact that apparently there is a full burden of proof is on me ), that I needed to prompt further investigation, or that I needed to supply specific evidence. Moreover, their fraud line representative misled me into believing this was going to be handled as a fraudulent account without further action needed from me ( though they apparently do not find in the call recordings that this conversation took place, though I only spoke to one representative by the time I filed the CFPB report ). They have not provided me with complete info about the account and opening of the card that I can contest with evidence, for example precisely when/where the card was opened. Based on the statement dates and activity I assume this was opened at the Forever 21 shop in XXXX XXXX, IL at some time in XX/XX/XXXX, and therefore the evidence I supply here is based on that assumption and the two known transaction dates of XXXX XXXX XXXX at the physical Forever 21 shop in XXXX XXXX  XXXX IL. 


I insist that Comenity now once and for all and completely remove this account and liability from my name and credit report. To support this I provide additional evidence here, specifically around the fact that I live in the XXXX, not at the address used to fraudulently open the card, and I was not physically present in the US at the time the card was opened and charges made at a physical store location in IL. If this is not sufficient for Comenity I ask them to inform me specifically what evidence they are expecting from me. 


I attached the following information in support of my request, and can submit additional pieces of evidence if Comenity provides me more information about how/where/when the card was initially opened or informs me of what specific pieces of evidence they are looking for. 
- a copy of my full passport showing that I was only present in the US in 2021 from XX/XX/XXXX through XX/XX/XXXX ( in two parts to keep to under the 10MB limit ) -corresponding copies of boarding passes for those flights -a copy of my XXXX ( XXXX ) residency permit, showing that I am a resident here -a copy of my XXXX ( XXXX ) drivers license -a copy of my local XXXX insurance policies via my bank here, XXXX XXXX, including the XXXX XXXX '' or personal liability insurance showing it is active since I moved to the XXXX in XXXX and showing my current address in The XXXX -A copy of my official US economic stimulus payments to me at my current address in The XXXX, proving that this is the address I use for filing my US taxes and is formally recognized by the US. 
-A copy of a dental bill to me at my current address in the XXXX showing that I was present in the XXXX during XX/XX/XXXX. 
-A copy of my local tax bill showing that I am the owner of the house in The XXXX in XXXX -A copy of the first page of the transfer of the deed to the house in the XXXX in XXXX, proving that I own this house since XXXX -A ( partially redacted ) copy of my payslip from XX/XX/XXXX showing that I am employed locally in the XXXX with this company since XXXX, and showing my current address in the XXXX. 
-A copy of the police report I filed with the XXXX  XXXX Police Dept in XX/XX/XXXX -A copy of my FTC Identity Theft report Note : Throughout the entire process it has been nearly impossible to file complaints or get my credit information as I am blocked from all credit bureaus when trying to access their sites from a non-US IP address, most activities require setting up an account with a US phone number for receiving activation or authentication codes. For example, filing the police report was difficult because the normal process is to have an officer call you back when they are available to take down the report but they can only call US phone numbers. And the police report needs a local US address and US phone number. Even the FTC site is essentially impossible to use from a non-US IP address, does not accept international phone numbers. Filing this report took me an extra month to do than should have been needed and I needed to have a family member go through the online process locally in the US and file on my behalf. Issues like these are the reason for delays on my side.

Company response to consumer: Closed with non-monetary relief