Consumer complaint received 2022-05-24
Company: Fidelity National Information Services, Inc. (FNIS)
State: PA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
A recent consumer disclosure of XXXX showed XXXX accounts opened in my name fraudulently. The disclosure was prepared for my Consumer ID : XXXX. 

On XXXX I had prepared a dispute for those items including a cover letter with a statement that the accounts were not mine, a copy of the disclosure with incorrect items circled, my personal identification, a copy of the FTC Identity Theft complaint I filed, and a copy of FCRA 605B ( 15 U.S.C. 1681c-2 ) for their reference. I had tried to submit this via the website but was experiencing technical difficulties so I sent the complaint via fax as well. 

On XXXX I reached out via telephone to ChexSystems to inquire if the dispute had been received and was being processed. The first representative I spoke with told me to wait 30 days for a resolution to which I responded that under section 605B it should be removed in four business days. He repeatedly told me that I was wrong so I requested his supervisor. 

The first supervisor I spoke with - XXXX - told me that the information wasn't removed because the ID Theft Report wasn't signed by a XXXX XXXX  XXXX. I clearly explained to XXXX that section 605B doesn't require that, and that asking a XXXX  XXXX to sign MY affidavit was absurd. XXXX said that it had to be a XXXX XXXX XXXX - NOT a XXXX  XXXX. I asked to speak with someone in his compliance department, and was told there was no compliance department. I then requested a manager or someone in authority that was capable of following federal law. 

The second supervisor I then spoke with - XXXX - apologized for the misinformation I had received but told me that the internal compliance department had left a note that the ID Theft Report had to be signed by a XXXX XXXX XXXXXXXX. I asked him how they had a compliance department when XXXX told me there was no compliance department. I then reiterated that section 605B doesn't require a law enforcement signature and that I had completed the four requirements by the letter of the law. XXXX explained that he didn't have " law books '' there to see what 605B was, so I kindly explained to him that he can look at the submitted dispute to see a copy of the statute. XXXX continued to tell me that the signature was ChexSystems requirement, and I continued to tell XXXX that they can't just rewrite federal law as they see fit. I then requested to speak to someone in the United States that understood the laws that govern ChexSystems operation. 

I was then transferred to XXXX who again apologized for the experience and said that she wanted to file a complaint about the handling of this matter, but reiterated that FTC ID Theft Reports need to be signed by a XXXX XXXX XXXXXXXX. I asked where that was stated in section 605B and also where - precisely - on the ID Theft I was to get a signature. XXXX was unable to answer these questions and said she'd ask for a supervisor to follow up. 

ChexSystems has an ongoing issue with properly following FCRA Guidelines and enforcement action should be taken.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation