Consumer complaint received 2023-07-01
Company: HYUNDAI CAPITAL AMERICA
State: CA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
my name is XXXX XXXX XXXX reached out to XXXXdispute department, ABOUT identity theft, Ive sent papers from the US Justice Department ( United States v. Defendants ) Thomas Kennedy McCormick Case Number 2018R02475 Court Docket Number 18-CR-00359 ) XXXX have continue to violate multiple FCRA laws they continue to violate my federal rights under 15 US code 1692e-15, US code 1692G 15 US code 1681B and 15 US code 1681C-2 I have had multiple conversations with the fraud departments of all three major ( NCRAS ) XXXX ABOUT THE the criminal activity they continue to commit by violating multiple FCRA laws and Fair Debt Collection Practices Act they continue to violate my federal rights under 15 US code 1692e ( 15, US code 1692G ) ( 15 US code 1681B ) and 15 US code 1681C- 2 have disputed this debt ; therefore XXXX until validated you know your information concerning this debt is inaccurate. NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT THE Thus, if you are reporting this fraudulent debt on any of your sites and affiliated site XXXX then, you must immediately inform them this ALLEGED debt is in dispute. Reporting information that you know to be inaccurate or failing to report information correctly violates the FCRA 1681s-2. theyve received the paperwork from the US Justice Department about the fraudulent accounts. The fraudulent inquiries that are on my consumer reports theyve continued to report them they have not verified or validated they have not shown me any consumer contracts, ledgers, or payments of anything of any sort they have not did a ( clear, conspicuous investigation ) into any of the allegations of the alleged debt XXXX  is in VIOLATION 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 16811 - procedure in case of disputed accuracy, 15 U.S. code 1681b - Permissible purposes of consumer report. H.R. 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USA PATRIOT Act. Gramm-leach-Bliley. THEY HAVE RECEIVED XXXX, XXXX, XXXX XXXX, and XXXX as well as XXXX copies of my identification copies of the CFPB complaint, FTC complaint, XXXX complaint ( KIA FINANCE AMERICA Account # XXXX Date XX/XX/XXXX fraudulent amount : {$25000.00} ( FRAUDULENT INQUIRIES ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CONTINUE TO REPORT FRAUDULENT ACCOUNTS THIS makes you guilty and in violation of the False Claims Act ( FCA ) 31 U.S.C 3729-3733. ( Debt Collector name is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT these companies XXXX /furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data by XXXXinto the ( FTC ) Federal Trade Commission for aggravated identity theft and Fraud. If this matter is not resolved by the time specified above, I reserve the right to commence legal proceedings to recover the damages without further notice to you and this letter may be tendered as evidence of failure to comply.. You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Attorney General 's office and civil claims may be pursued.5 U.S. Code 1681c-2 - Block of information Resulting from identity theft 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 4 business days after the date of receipt by such agency of- ( 1 ) appropriate proof of the 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 is not information relating to any transaction by the consumer. ( b ) NOTIFICATION A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) - ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section ; 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Debt Collector name is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT these companies XXXX furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data by XXXX for ALL OF THE ACCOUNTS REPORTED IN THIS COMPLAINT ( date ) with account number ( account # ). Failure to remove account in 15 days from my consumer report as requested will result in legal matters being taken and me turning you XXXX into the ( FTC ) Federal Trade Commission for aggravaled identity theft and Fraud. If this matter is not resolved by the time specified above, I reserve the right to commence legal proceedings to recover the damages without further notice to you and this letter may be tendered as evidence of failure to comply.ALSO 15 U.S. Code 1681c-2 - Block of information resulting from identity theft 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 4 business days after the date of receipt by such agency of- ( 1 ) appropriate proof of the 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 is not information relating to any transaction by the consumer. ( b ) NoTIFICATION A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a- ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( XXXX ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block. ( c ) AUTHORITY TO DECLINE OR RESCIND I am aware that my SSN belongs to the ( SSA ) Social Security Administration and anything purchased with that identifying number is an obligation of the United States in accordance with 18 U.S.C 8 and being that you NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT ( XXXX XXXX XXXX CONTINUE TO REPORT FRAUDULENT ACCOUNTS THIS makes you guilty and in violation of the False Claims Act ( FCA ) 31 U.S.C 3729-3733. ( Debt Collector name is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT these companies XXXX furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028 A ( copy of the : consumer credit contract is not sufficient to validate the debt. ) ( Validation requires-presentment of the account and ( general ledger statement signed and dated by the party responsible for maintaining the account. Pacific Concrete F.C.U v. Kauanoe, 62 Haw. 334, 614 P. 2d 936 ( 1980 ), GE Capital Hawaii , Inc. v. Yonenaka 25 P.3d 807, 96 Hawaii 32, ( Hawaii App 2001 ), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr . 371, ( Conn. Super.2000 ), and Town of Brookfield v. Candlewood Shores Estates , Inc. 513 A.2d 1218, 201 Conn.l ( 1986 ). and Solon v. Godbole, 163 III. App. 3d 845, 114 III. Dec. 890,516 N. E.2d 1045 ( 3Dist. 1987 ). UCC 9-201 ~ Request for accounting F.R.C.P. ( F.R.E. ) 1002 15 USC 1681 ( a ) ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy I demand a deletion of all personal identifiable information from my consumer credit report with the exception of : 1. My Full Legal Name : First & LastName 2. My Address : Address, City, State Zip Please delete all other addresses, I can not receive mail or any correspondence nor do I have access to any of these addresses please delete these utdated ddresses and update the address with the one above. My only Phone number is XXXX XXXX XXXX XXXX  Delete any and all other phone numbers. 1 demand my social security number and date of birth be removed from being displayed on the credit file for privacy reasons. Delete all information in the employer section. KIA FINANCE AMERICA Account # XXXX Date XX/XX/XXXX fraudulent amount : {$25000.00}

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