Consumer complaint received 2019-10-25
Company: First Investors Servicing Corporation, Atlanta, GA Branch
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I was on XXXX XXXX  looking at pre-approved auto refinance. Came across an ad by XXXX XXXX. It was talking about loan rates, so I feel in some financial information, but didnt enter anything on the credit check or social security form as I didnt want a hard credit check or application done. Next thing I get is an alert that a hard pull was done without my social by a finance company called first investors. I called them and told them I never did a real credit check or gave my social number and this was illegal and fraud. Pictures attached. I have since spoke to rate genius that they falsely advertised, this was fraudulent and negligence by them. 

Here are the emails from both sides. 



Warm Regards, XXXX XXXX forwarded message : From : XXXX XXXX Date : XX/XX/2019 at XXXX XXXX EDT To : XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX Cc : XXXX Subject : No hard credit pull- willful negligence on your company Warm Regards, XXXX On XX/XX/2019, at XXXX XXXX, XXXX XXXX XXXX : XXXX Warm Regards, XXXX On XX/XX/2019, XXXX XXXX XXXX, XXXX XXXX wrote : You have been reported to the United States government. 

They have copies of all emails and your false advertising. 

I am seeking damages and criminal charges against you Warm Regards, XXXX On XX/XX/2019, at XXXX XXXX, XXXX XXXX wrote XXXX Please forward this email to your executive team. 

It appears your company invested in XXXX. 

XXXX has done false advertising and committed fraudulent credit pulls Warm Regards, XXXX XXXX XXXX OnXX/XX/2019, at XXXX XXXX, XXXX XXXX wrote XXXX XXXX XXXX- I am sure XXXX XXXX will not be happy when he sees your false advertising with XXXX XXXX that was supplied to you. 

Warm Regards, XXXX On XX/XX/2019, at XXXX XXXX, XXXX XXXX wrote XXXX Was told false advertising and illegal credit pulls are ok with executives and you dont care about false advertising and breaking the law. 

You will see you false and negligence advertising that you acknowledged. 

Warm Regards, XXXX XXXX forwarded message : From : rateGenius Customer Service XXXX Date : XX/XX/2019 at XXXX XXXX  EDT To : XXXX Subject : Re : Ticket # XXXX : Re : I have a question XXXX Reply-To : " XXXX Customer Service '' XXXX Your ticket is now solved! 



Re : I have a question XXXX XXXX Thu, XX/XX/19 XXXX XXXX XXXX Thu, XX/XX/19 XXXX XXXX  You are scam and XXXX and will go to jail Warm Regards, XXXX XXXX Thu, XX/XX/19 XXXX XXXX You have now hung up 7 times of me, when I say who I am. 

Warm Regards, XXXX XXXX Thu,XX/XX/19XXXX XXXX  XXXX, Been on the phone 10 minutes waiting for you. 

Never got a call from an executive as you promised. 

Another willful negligence violation Warm Regards, XXXX XXXX Thu, XX/XX/XXXX XXXX XXXX Punitive damages Read in another language Edit Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. [ 1 ] Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages award. 

Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable tortsand taking some strain away from the criminal justice system. [ 2 ] Punitive damages are most important for violations of the law that are hard to detect. [ 3 ] Warm Regards, XXXX XXXX Thu, XX/XX/19 XXXX XXXX Punitive damages Read in another language Edit Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. [ 1 ] Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages award. 

Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable tortsand taking some strain away from the criminal justice system. [ 2 ] Punitive damages are most important for violations of the law that are hard to detect. [ 3 ] Warm Regards, XXXX XXXX Wed, XX/XX/19 XXXX XXXX  Please forward this to XXXX, XXXX and all executives. 

I better get a call by XXXX from an executive with a check number and tracking for my damages of {$2500.00} for Friday delivery, confirmation your illegal and negligence was corrected by tomorrow and letter confirmation from XXXX that hard pull was removed. 

Copy of the basic laws. If you dont want to follow I will call the police for fraud, false advertising, damages to my personal credit line and ask for arrests. 

-Basic Damages ( pick one ) : actual ( provable ) damages ( no limit ), or statutory damages damages between {$100.00} and {$1000.00} ( to get these you don't have to prove that the violation harmed you ). 

-If the violator was an individual who lied to get your credit report, or used it for an improper purpose, then the greater of : your actual, provable damages ( no limit ), or {$1000.00} flat ( no minimum ). 

-Punitive damages, as decided by the court. 

-Attorneys ' fees and costs. 

Definition of Willful A willful violation doesn't just mean that you have to prove that the CRA or other entity actually knew that it violated your rights. Rather, it is enough to prove that it was acting recklesslythat is, the CRA or other entity knew or should have known that it was running afoul of the FCRA. 

Damages for a Negligent Violation You are also entitled to damages if you can show that the CRA or other entity negligently failed to comply with its obligations under the FCRA. Damages here include : actual damages ( no set limit or minimum ), and attorneys ' fees and costs. 

Warm Regards, XXXX XXXX Wed, XX/XX/19 XXXX XXXX Please forward this to XXXX, XXXX and all executives. 

I better get a call by XXXX from an executive with a check number and tracking for my damages of {$2500.00} for Friday delivery, confirmation your illegal and negligence was corrected by tomorrow and letter confirmation from XXXX that hard pull was removed. 

Copy of the basic laws. If you dont want to follow I will call the police for fraud, false advertising, damages to my personal credit line and ask for arrests. 

-Basic Damages ( pick one ) : actual ( provable ) damages ( no limit ), or statutory damages damages between {$100.00} and {$1000.00} XXXX to get these you don't have to prove that the violation harmed you ). 

-If the violator was an individual who lied to get your credit report, or used it for an improper purpose, then the greater of : your actual, provable damages ( no limit ), or {$1000.00} flat ( no minimum ). 

-Punitive damages, as decided by the court. 

-Attorneys ' fees and costs. 

Definition of Willful A willful violation doesn't just mean that you have to prove that the CRA or other entity actually knew that it violated your rights. Rather, it is enough to prove that it was acting recklesslythat is, the CRA or other entity knew or should have known that it was running afoul of the FCRA. 

Damages for a Negligent Violation You are also entitled to damages if you can show that the CRA or other entity negligently failed to comply with its obligations under the FCRA. Damages here include : actual damages ( no set limit or minimum ), and attorneys ' fees and costs. 

Warm Regards, XXXX XXXX Wed, XX/XX/19 XXXX XXXX Warm Regards, XXXX Begin forwarded message : XXXX XXXX, XX/XX/19 XXXX XXXX Warm Regards, XXXX Attachments : XXXX XXXX Wed, XX/XX/19XXXX XXXX Please confirm the check number and tracking information for the {$1000.00} you owe as of today. 

See below : If a violation does occur, consumers may be entitled to the following damages : Actual damages. There is no limit to this amount, as long as you can prove the loss. 
Statutory damages. These damages range between {$100.00} and {$1000.00}. ... 
Punitive damages, with no limit on how much. ... 
Attorney 's fees and costs. 

Warm Regards, XXXX XXXX Wed,XX/XX/19 XXXX XXXX  I have called your toll free 4 times and zero doesnt work have an executive call me now. 

Warm Regards, XXXX XXXX Wed, XX/XX/19XXXX XXXX  In addition you lied. 

It was never reversed at all. 

Send me proff. 

Warm Regards, XXXX XXXX Wed, XX/XX/19 XXXX XXXX  I have called him for 2 weeks to have this fixed. Everyday. I dont believe that story. 

You defrauded me and others. 

Where is my check for {$1000.00} in damages as per fair credit act. 

This is unacceptable and is damaging me more every day. 

I want this fixed today and my check sent overnight. 

Have an executive call me ASAP Warm Regards, XXXX XXXX Wed, XX/XX/19 XXXX XXXX  Hello XXXX, Unfortunately XXXX is out of the office for the rest of the week. However, we are aware of your request and it still being worked on. Unfortunately, there is no exact time period to expect this to change due to it taking a few weeks to reflect. However, once this issue is solved, you should see it reflect on your credit file and you should also receive a notice in the mail. 

If you have any questions, feel free to call our customer service representatives at XXXX. We are available Monday through Friday, XXXX XXXX CST - XXXX XXXX   CST and Saturday, XXXX XXXX  CST - XXXX XXXX CST. When the phone menu starts playing, just press 0 and you will be sent to a live representative. 

Your application number : XXXX Thank you, Customer Service | XXXX, XXXX. 
toll free : XXXX fax : ( XXXX ) XXXX email : XXXX Mon - Fri : XXXX XXXX - XXXX XXXX  CST Sat  : XXXX XXXX - XXXX XXXX CST XXXX Wed, XX/XX/XXXX XXXX XXXX XXXX, Where is my return call? 

You owe me {$1000.00} in damages and face {$40000.00} XXXX   fine. 

You were sent evidence that no hard pull will done, you falsely advertised. 

Warm Regards, XXXX XXXX XXXX XXXX Wed, XX/XX/19 XXXX XXXX   XXXX, I have been waiting for your return call that the illegal hard pull has been removed. I sent you your advertising that clearly states no hard pull. That was false advertising. 

You said you spoke with the head of compliance at your company and this would resolved. 

I have called you 10 times with no response. 

This is a {$40000.00} fine to rate genius and you owe me damages of at {$1000.00} to date. 

Warm Regards, XXXX XXXX XXXX XXXX Tue, XX/XX/19 XXXX XXXX Here is your false and fraudulent advertising. Where is my call from management. 

Warm Regards, XXXX XXXX : XXXX XXXX Tue, XX/XX/19 XXXX XXXX   Where is the call your manager promised me yesterday??? 

Warm Regards, XXXX XXXX Tue, XX/XX/19 XXXX XXXX Warm Regards, XXXX Attachments : XXXX XXXX Tue,  XX/XX/19 XXXX XXXX Warm Regards, XXXX XXXX forwarded message : XXXX Tue, XX/XX/19 XXXX XXXX You have not provided me any documentation No harassment here, you lied and committed fraud. 

I was never told it was credit report and a hard pull you were evidence. 

Warm Regards, XXXX XXXX Tue, XX/XX/19XXXX XXXX Mr XXXX Please call me ASAP about fraudulent behavior and illegal pulls by Mr. XXXX who failed to produce documents and blocked my emails. 

This a crime Warm Regards, XXXX XXXX XXXX Warm Regards, XXXX XXXX Tue, XX/XX/19 XXXX XXXX Warm Regards, XXXX XXXX Tue, XX/XX/19 XXXX XXXX Warm Regards, XXXX XXXX Mon, XX/XX/19 XXXX XXXX Warm Regards, XXXX XXXX forwarded message : Attachments : XXXX XXXX Mon, XX/XX/19 XXXX XXXX  Warm Regards, XXXX Attachments : XXXX XXXX XXXX ) XXXX XXXX Mon , XX/XX/19 XXXX XXXX Warm Regards, XXXX Attachments XXXX XXXX XXXX Mon , XX/XX/19 XXXX XXXX  This is fraudulent behavior and advertising. 

I never gave you my social security number yet you illegally obtained it and gave it out. 

I have called XXXX XXXX and requested that an investigation be done and your company fined and shut down. 

Have an executive officer call me ASAP Warm Regards, XXXX XXXX Mon, XX/XX/XXXX XXXX XXXX  This is fraudulent behavior and advertising. 

I never gave you my social security number yet you illegally obtained it and gave it out. 

I have called XXXX XXXX  and requested that an investigation be done and your company fined and shut down. 

Have an executive officer call me ASAP Warm Regards, XXXX XXXX Mon, XX/XX/19 XXXX XXXX Dear XXXX, Thank you for contacting XXXX auto refinance. 

An application was submitted through one of our partners, XXXX XXXX, on XX/XX/2019at XXXX XXXX. According to their terms and conditions, by pressing the submit button on the online application, you gave express written consent for us and/or our lenders to retrieve your credit file. This was an attempt to refinance a XXXX XXXX XXXX. 

We can only remove inquiries in the instance of XXXX or identity theft. If you feel it was not you who submitted the application, you would need to file a police report and fax it over to us. Once we receive that we will forward the police report to the credit bureau for further investigation. Unfortunately, we will be unable to remove inquiries for any other reason. 

If you have any questions, feel free to call our customer service representatives at XXXX. We are available Monday through Friday, XXXX XXXX CST - XXXX PXXXX CST and Saturday, XXXX XXXX  CST - XXXX XXXX CST. When the phone menu starts playing, just press 0 and you will be sent to a live representative. 

Your application number : XXXX Thank you, Customer Service | XXXX, XXXX. 
toll free : XXXX fax : ( XXXX ) XXXX email : XXXX Mon - Fri  : XXXX XXXX - XXXX XXXX CST XXXX : XXXX XXXX - XXXX XXXX CST XXXX XXXX, XX/XX/19 XXXX XXXX  I am still awaiting a call, a reverse pull, an apology or I will pursue all possible recourses. 

XXXX XXXX was also advised that their advertising by that company was miss leading and XXXX. 

But you are ones that did a hard pull with no social security on application nor was it given to you. 

Awaiting an answer and written confirmation that you canceled your pull with a letter to XXXX Warm Regards, XXXX Chat now Powered by HelpDesk

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