Consumer complaint received 2021-08-11
Company: FIRST NATIONAL BANK OF OMAHA
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XXXX, XXXX SOC SEC # XXXX DOB XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX FIRST NATIONAL BANK OF OMAHA First National Bank of Omaha XXXXXXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX I Account # XXXX XX/XX/XXXX XX/XX/XXXX Dear Sir or Madam : I am a victim of identity theft. I have recently learned that my personal information was used to open an account at your company. I did not open this account, and I am requesting that the account be closed and that I be absolved of all charges on the account. 

Enclosed is a copy of my Identity Theft Report supporting my position. In addition, I am enclosing a copy of sections 605B, 615 ( f ) and 623 ( a ) ( 6 ) of the Fair Credit Reporting Act ( FCRA ), which detail your responsibilities as an information furnisher to consumer reporting agencies in response to the Identity Theft Report I am providing. These sections also detail your responsibilities that apply in the event you receive from a consumer reporting agency notice under section 605B of the FCRA that information you provided is the result of identity theft.

Please investigate this matter, close the account and absolve me of all charges, take the steps required of you under the FCRA, and send me a letter confirming your findings and actions, as soon as possible. 

XXXX, XXXX SOC SEC # XXXX DOB XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX Enclosures : Identity Theft Report FCRA Sections 605B, 615 ( f ), 623 ( a ) ( 6 ) ENCLOSURE : FCRA 605B ( 15 U.S.C. 1681c-2 ) Block of Information Resulting from Identity Theft ( a ) Block 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 ) of this section -- ( 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 ; and ( 4 ) of the effective dates of the block.

( c ) Authority to decline or rescind ( 1 ) In general A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that -- ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions.

( 2 ) Notification to consumer If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 168li ( a ) ( 5 ) ( B ) of this title.

( 3 ) Significance of block For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block.

( d ) Exception for resellers ( 1 ) No reseller file This section shall not apply to a consumer reporting agency, if the consumer reporting agency -- ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Commission to obtain consumer information regarding identity theft.

( 2 ) Reseller with file The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if -- ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information.

( 3 ) Notice In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale.

( e ) Exception for verification companies The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) of this section, a check services company shall not report to a national consumer reporting agency described in section 1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft.

( f ) Access to blocked information by law enforcement agencies No provision of this section shall be construed as requiring a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this title.

ENCLOSURE : FCRA 615 ( f ) ( 15 U.S.C. 1681m ( f ) ) Requirements on Users of Consumer Reports Prohibition on Sale or Transfer of Debt Caused by Identity Theft ( f ) Prohibition on sale or transfer of debt caused by identity theft ( 1 ) In general No person shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 1681c-2 of this title has resulted from identity theft.

( 2 ) Applicability The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ). 


( 3 ) Rule of construction Nothing in this subsection shall be construed to prohibit -- ( A ) the repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity.

ENCLOSURE : FCRA 623 ( a ) ( 6 ) ( 15 U.S.C. 1681s-2 ( a ) ( 6 ) ) Responsibilities of Furnishers of Information to Consumer Reporting Agencies Duties of Furnishers upon Notice of Identity Theft-Related Information ( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under 1681c-2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information.

( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct.

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