Consumer complaint received 2020-01-27
Company: Home Loan Center, Inc.
State: TX
Product: Payday loan, title loan, or personal loan
Sub-product: Payday loan
Issue: Unable to get your credit report or credit score
Sub-issue: Other problem getting your report or credit score

Complaint:
On XX/XX/XXXX I found out I was the victim of identity theft. A bank account at XXXX XXXX XXXX  was fraudulently opened up under my name and five loan applications were fraudulently applied for under my name. The five lenders were XXXX XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX. I subsequently found out that these five lenders had received my information through the company Lending Tree. 
On XX/XX/XXXX, I called Lending Tree and spoke with XXXX. She told me that Lending Tree is a lending matching company that pre-approves loans from five lenders. I told her that I was the victim of identity theft and that someone had used my identity to fraudulently apply for these loans through Lending Tree. 
I asked her to provide copies of all documents related to the theft of my identity but she refused. 
I asked her to stop giving out my information to the lenders but she refused. 
I asked her to delete the fraudulent email and phone number associated with my name but she refused. 
I asked her for the name of the five lenders so I can contact them and get the applications stopped but she refused. I later got the names of these lenders myself from looking at my credit reports. 
She sent me a followup email that day stating that Lending Tree did forward my information to the lenders and that they would contact the lenders and alert them of the fraud. They never did. I called all five lenders in late XXXX XXXX XX/XX/XXXX and all of the lenders stated that Lending Tree never notified them of the fraud. 
The followup email also stated that that the only way I could obtain copies of the documents was to have law enforcement submit a valid subpoena. 
On XX/XX/XXXX, I emailed Lending Tree a request for copies of all documents related to the theft of my identity. I also attached a copy of the police report and FTC report. I referenced the FCRA law that states that following a request from an identity theft victim, a business must provide records within 30 days, free of charge and without a subpoena. I did not receive a reply. 
On XX/XX/XXXX, I sent via certified mail a request for the information again. I also mailed a copy of the police report and FTC report again. 
On XX/XX/XXXX, I received an email from Lending Tree stating that they did not have to comply with FCRA since they stated it was only applicable to consumer reporting agencies. I sent them back an email referring them to a FTC link stating that the law applies to any business, not just consumer reporting agencies. 
On XX/XX/XXXX, I received an email from Lending Tree stating that law enforcement could only request records and that they could only provide the information to law enforcement. 
On XX/XX/XXXX, I sent Lending Tree back an email stating that victims can request records ( not just law enforcement ) and that the victim has the right to receive the records. I again referenced the FCRA law. I have not received a reply back. It has been over two months since my initial request for documents. Being a victim of identity theft has been very frustrating, but Lending Tree has made it worse by their refusals and inactions. 

The Fair Credit Reporting Act ( FCRA ) Section 609 ( e ) states as a victim of identity theft, I have a right to obtain copies of all documents related to the theft of my identity. It states that following a request from an identity theft victim, the business must provide the records within 30 days, free of charge and without a subpoena. These rights are stated numerous times on the Federal Trade Commissions website under identity theft. Here are the links to the FTC website stating these rights : https : //www.identitytheft.gov/know-your-rights https : //www.ftc.gov/news-events/blogs/business-blog/2017/12/identity-theft-show-me-records https : //www.ftc.gov/tips-advice/business-center/guidance/businesses-must-provide-victims-law-enforcement-transaction XXXX XXXX XXXX, XXXX XXXX XXXX XXXX , XXXX  XXXX XXXX , and XXXX have all complied with my request for documents on the fraudulent loan applications and bank account. 

Lending Tree, XXXX by XXXX XXXX, and XXXX have not complied with my request for documents. 

Lending Tree has not complied with the law and denied my request for records despite multiple tries. Therefore I am filing a complaint with the Consumer Financial Protection Bureau. They have not complied with the law by : 1 ) Requesting a subpoena in order to obtain the records. FCRA clearly states that a subpoena is not required.

2 ) Stating that law enforcement can only request records. FCRA clearly states that the victim of the identity theft has a right to request records, not just law enforcement. 
3 ) Stating that law enforcement can only receive the records. FCRA clearly states that the victim of the identity theft has a right to receive the records.

4 ) Not providing the records within 30 days of the request. It has been over two months since my initial request.

5 ) On XX/XX/XXXX when I initially contacted Lending Tree of the fraud, they stated they will contact all five lenders and alert them of the fraud. They did not do this. I called all the lenders in late XXXX XXXX XX/XX/XXXX and none of them had been contacted by Lending Tree. This is infuriating. 

Being a victim of identity theft has been very frustrating and the time dealing with this has been enormous. It would be easier for me if Lending Tree complied with my request for documents so I can get fraudulent information connected with my name disputed and corrected and my credit restored.

Company response to consumer: Closed with explanation