Consumer complaint received 2023-08-23
Company: TRUIST FINANCIAL CORPORATION
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Credit inquiries on your report that you don't recognize

Complaint:
Re : Formal Dispute of Unauthorized Hard Inquiry To Whom This May Concern, I hope this letter finds you well. I am writing to formally dispute a hard inquiry made on my credit report without my authorization by your institution, LIGHTSTREAM, on XX/XX/2023. 

On XX/XX/2023, I communicated about this unauthorized inquiry ; however, the matter remains unresolved. This unauthorized inquiry has negatively impacted my credit report and score. As a California resident, I am invoking my rights under both the federal Fair Credit Reporting Act ( FCRA ) and the California Consumer Privacy Act ( CCPA ). 

Under the FCRA : - **Section 1681b** dictates that financial institutions must obtain consumer consent before making a hard inquiry. 
- **Section 1681g** mandates that credit reporting agencies must provide consumers with information upon request. 
- **Section 1681j** discusses fees and the timing of disclosures by credit reporting agencies. 

Case precedents that amplify the importance of these rights include : - XXXX v. XXXX XXXX. XXXX. XXXX** : Pertaining to the misreporting of credit information and damages. 
- XXXX v. XXXX XXXX XXXX XXXX : Concerning employer background checks conducted without proper consent. 
-XXXX  v. XXXX XXXX Bank XXXX Which emphasizes the legal ramifications for unauthorized credit inquiries or violations of the FCRA XXXX 

These cases and FCRA sections underscore the gravity of unauthorized credit checks and the potential ramifications for the responsible parties. 

Damages I've suffered as a direct result of this unauthorized hard inquiry include higher interest rates, denial of credit, and other related financial setbacks. 

Furthermore, this unauthorized inquiry raises suspicions of potential identity theft. Identity theft, as defined under the Identity Theft and Assumption Deterrence Act, is the knowing transfer or use, without lawful authority, of another person 's identification with the intent to commit or aid or abet unlawful activity. The unauthorized use of my personal details for a credit inquiry falls suspiciously close to this definition. 

Moreover, I am concerned that my personal data might have been sold or shared without my consent, which brings me to reference **U.S. Code 1681b ( e ) **. This section addresses the opt-out provisions that consumers have concerning the sharing of their credit report information for marketing offers. Any violation of this section is a further breach of my consumer rights. 

Considering the above, I kindly request the following : 1. Prompt removal of the unauthorized inquiry from my credit report. 
2. Written confirmation within 30 days verifying the removal. 
3. Acknowledgment of this violation and steps to prevent future incidents. 
4. Provision of a direct contact person handling this matter. 

If there is no satisfactory resolution, I am prepared to report this incident to relevant regulatory agencies, seek alternative dispute resolution methods, or take necessary legal actions. 

I trust that LIGHTSTREAM will handle this matter with the utmost professionalism and urgency it demands. A swift resolution is beneficial for both parties. 

Thank you for your immediate attention. 

Sincerely, XXXX XXXX XXXX : XXXX Federal Trade Commission XXXX XXXX, XXXX.

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