Consumer complaint received 2023-07-02
Company: Experian Information Solutions Inc.
State: IL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Dear XXXX, I am writing to file a formal complaint regarding a fraudulent account and identity theft perpetrated by XXXX XXXX XXXX XXXX As an innocent victim of identity theft, I am seeking your assistance in resolving this matter promptly and holding XXXX XXXX XXXX accountable for their fraudulent actions. 

The fraudulent account opened in my name by XXXX XXXX XXXX falsely alleges that I owe them {$1200.00}. However, I would like to bring your attention to relevant case law that supports my position as a victim of identity theft and emphasizes the responsibility of creditors to exercise due diligence before pursuing collection efforts. 

First, the case of XXXX v. XXXX XXXX XXXX ( XXXX XXXX. XXXX, XXXX XXXX XXXX ) established the legal principle that creditors must verify the accuracy of the debt they seek to collect and ensure that the debtor is indeed liable. In my case, XXXX XXXX XXXX has failed to meet this fundamental requirement by pursuing collection efforts without proper verification or substantiation of the debt. 

Furthermore, the case of XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX, XXXX XXXX ) highlighted the duty of creditors to conduct a thorough investigation upon receiving notice of a disputed debt. It emphasized that creditors should not continue collection efforts if there is a reasonable belief that the debt is not valid or that the debtor is a victim of identity theft. XXXX XXXX XXXX 's persistent pursuit of collection activities in light of my denial and evidence of identity theft demonstrates a clear violation of this legal obligation. 

These precedents, along with numerous others, illustrate the importance of protecting innocent consumers like myself from the damaging effects of identity theft and baseless debt collection efforts. I trust that you will consider these legal precedents as you conduct your investigation into XXXX XXXX XXXX 's fraudulent actions and take appropriate measures to rectify this situation. 




In support of my complaint, I have Copy of the police report filed regarding the identity theft Copies of correspondence exchanged with XXXX XXXX XXXX, highlighting my denial of involvement and request for immediate resolution Based on the aforementioned case law and the evidence presented, I urgently request that the Consumer Financial Protection Bureau : Conduct a thorough investigation into XXXX XXXX XXXX 's practices to determine the extent of their involvement in this fraudulent account and ascertain their compliance with applicable laws and regulations. 
Immediately cease all collection activities and refrain from reporting the false debt to credit reporting agencies until a resolution has been reached. 
Facilitate the removal of any derogatory information associated with the fraudulent account from my credit reports, ensuring that my creditworthiness is not further compromised. 
Enforce appropriate penalties and sanctions against XXXX XXXX XXXX to discourage similar fraudulent practices in the future. 
Provide me with regular updates on the progress of the investigation and any actions taken to address this matter. 
I am confident that with the expertise and authority of the Consumer Financial Protection Bureau, justice will prevail, and the negative consequences resulting from this fraudulent account will be rectified. I request that you keep me informed throughout the investigation and resolution process. 

Thank you for your immediate attention to this matter. Your intervention is crucial in restoring my financial and emotional.

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