Consumer complaint received 2021-11-24
Company: 1st Franklin Financial Corporation
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
XXXX XXXX XX/XX/XXXX Last XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX 



I ( XXXX XXXX ) am a victim of Identity Theft. I have experience tough and egregious hardships because someone has stolen my identity. I can not get credit anywhere. This has ruined my life. I lost my job last year and tried to refinance my house and car, I was told sorry, we can not help you. I filed a police report last year on ( XX/XX/XXXX ) ( report XXXX XXXX ) with ( XXXX XXXX Police Department. Ive also mailed in certified letters to XXXXTracking number ( XXXX XXXX XXXX XXXX XXXX XXXX ) I received nothing. The thieves even went as far as filing fraudulent income taxes on my behalf! The thieves are continuing to use my credit. Ive faxed all 3 bureaus, as well as called them, At this point I have hired a Consumer lawyer to assist me in this matter ( XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX XXXX XXXX He notice several instances where XXXX are in non-compliance with the FCRA. Im a victim but Im treated as if Im nothing. XXXX continues to report Fraudulent accounts and inquiries to my credit report and I want it to stop Immediately! Please note that I have already opted out of arbitration and have supporting documents and proof to support all my claims. I am sure that XXXX did not go through the original furnisher to verify these accounts are mine and they must do so under the FCRA.If they did verify, they would have realized immediately that I have no clue of these accounts and they do not belong to me. If XXXX fails to notify me that they will be reinserting an item on my credit report in writing FCRA ( A ) ( 5 ) ( B ) ( iii ) results in {$1000.00} fine. As XXXX has violated the FCRA.. XXXX  has refused to removed fraudulent accounts after I provided proof. This is considered defamation of character and willful injury. under the FCRA section 623. I plan of taking full legal action if accounts are not removed by ( 4 days from todays date (XX/XX/2021). 

*****only correct name on credit report should be spelled as followed ( XXXX XXXX XXXX Any other name or mispelling should be removed immediately. 

***** ( FRAUDULENT ADDRESSES ) ***** XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX ***** ( FRAUDULENT ACCOUNTS ) ***** XXXX {$8100.00} Balance updated XX/XX/XXXX XXXX late payments Account Info Tap labels for more details Account number XXXX Account status Open Date opened XX/XX/XXXX Account type Installment account XXXX XXXX XXXX # XXXX XXXX, XXXX  XXXX XXXX XXXX ) XXXX XXXX. XXXX XXXX {$5100.00} Closed Unknown payment history Account Info Tap labels for more details Account number XXXX Account status Closed Date opened XX/XX/XXXX Account type Installment account XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX ( XXXX ) XXXX We feel these particular individuals have not assisted in making sure their respective bureaus are in compliance with the fair credit reporting act concerning my case. 





XXXX XXXX XXXX XXXX XXXX XXXXPresident and Chief Executive Officer XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX Executive Vice President XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX fl XXXX XXXX XXXX XXXX XXXX XXXX Executive Vice President XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit reporting agency, report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is with this in mind that I request that these listed accounts and items be BLOCKED and DELETED! 

Policy states According to the FAIR CREDIT REPORTING ACT FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft.

1. Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than four ( 4 ) business days after the date of receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to transaction by the consumer. All furnishers of information to consumer reporting agencies must comply with all applicable regulations. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureaus website, www.consumerfinance.gov/learnmore.

NOTICE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act ( FCRA ), 15 U.S.C 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies ( CRAs ). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is available at the website of the Consumer Financial Protection Bureau ( CFPB ) : www.consumerfinance.gov/learnmore. A list of tile sections of tile FCRA cross referenced to the .U.S Code is at the end of this document.Section 623 imposes the following duties upon furnishers : Accuracy Guidelines. The FCRA requires furnishers to comply with federal guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. Federal regulations and guidelines are available at www.consumerfinance.gov/learnmore. Section 623 ( e ). General Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623 ( a ) ( 1 ) ( A ) and ( a ) ( 1 ) ( C ).

Duty to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623 ( a ) ( 2 ).

Duties After Notice of Dispute from Consumer If a consumer notifies a furnisher, at an address specified for the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623 ( a ) ( 3 ). Furnishers must comply with federal regulations that identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Under these regulations, furnishers must complete an investigation within 30 days ( or 45 days, if the consumer later provides relevant additional information ) unless the dispute is frivolous or irrelevant or comes from a credit repair organization. Section 623 ( a ) ( 8 ). Federal regulations are available atwww.consumerfinance.gov/learnmore. Section 623 ( a ) ( 8 ) Duties After Notice of Dispute from Consumer Reporting Agency If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must : Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623 ( b ) ( 1 ) ( A ) and ( b ) ( l ) ( B ).

Report the results to the CRA that referred the dispute and, if the investigation establishes that the information was in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Section 623 ( b ) ( 1 ) ( C ) and ( b ) ( 1 ) ( D ).

Complete the above steps within 30 days from the date the CRA receives the dispute ( or 45 days, if the consumer later provides relevant additional information to the CRA ).

Section 623 ( b ) ( 2 ).

Promptly modify or delete the information, or block its reporting. Section 623 ( b ) ( 1 ) ( E ), Duty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnished information to one or more CRAs must report this fact when .it provides information to CRAs for the time period in which the account was closed. Section 623 ( a ) ( 4 ).

Duty to Report Dates of Delinquencies -If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumers file. Section 623 ( a ) ( 5 ).

Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623 ( a ) ( 5 ) ( until there is a consumer dispute ) by reporting the slime delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date can not be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection charged to profit or loss, or subjected to any similar action. Section 623 ( a ) ( 5 ).

Duties of Financial Institutions When Reporting Negative Information Financial institutions that furnish information to " nationwide '' consumer reporting agencies, as defined in Section 603 ( p ), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623 ( a ) ( 7 ). The CFPB has prescribed model disclosures, 12 CFR Part 1022, App. B.

Duties When Furnishing Medical Information A furnisher whose primary business is providing medical services, products, or devices ( and such furnisher 's agents or assignees ) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623 ( a ) ( 9 ). This notice will enable CRAs to comply with their duties under Section 604 ( g ) when reporting medical information.

Duties When ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623 ( a ) ( 6 ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each CRA of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any : furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher many not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615 ( f ). The CFPBs website, www.consumerfinance.gov/learnmore, has more information about theFCRA, including publications for business and the full text of the FCRA.Citations for FCRA sections in the U.S. Code, 15 U.S.C. 1681 et seq. : I have provided all of the above listed items within this package. Therefore, I expect these listed accountsto be deleted and blocked within four ( 4 ) business days. This is clearly an identity theft issue.

I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted.

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