Consumer complaint received 2019-06-24
Company: Bread Financial Holdings, Inc.
State: NC
Product: Credit card or prepaid card
Sub-product: Store credit card
Issue: Getting a credit card
Sub-issue: Card opened as result of identity theft or fraud

Complaint:
CFPB : Please Review Case and additional documents that prove this card is not mine! 

Hello. I wanted to send an email to discuss the issues that I am having with your organization. I didnt want to go this far, however I have exhausted all other avenues to get an issue resolved with the organization that you head as CEO. I hope this letter finds you in good spirits as we do not like to hear about the bad things going on in our organizations, however these items need to be brought to your attention. 

Mr. XXXX, I understand you just recently took the role of CEO of XXXX, and worked at XXXX for over 11 years. I am bringing this to your attention because I have reached out to Comenity Bank and Alliance Data, whom owns Comenity Bank to resolve this matter and they continue to make threats and tell my attorney and identity theft protection lies that are not true about this situation. What I am seeking is your assistance to take care of this matter. I have provided Comenity Bank with all the information and also emailed the CEO XXXX XXXX, whom had XXXX XXXX reach out to me and still tell me that I opened a card with your Brand on it with their bank and I never did, I have sent documents several times, made several calls along with my attorney and identity theft protection only to get threats that they have this and that on me and that I opened the card in a store which is a lie. I just can not believe that your organization lets a bank like Comeity Bank manage its card with your brand on it and treat consumers the way that is does. I am telling you my story because you as CEO should know what this is doing to the XXXX brand. We always hear the saying if something bad happens that person will tell about 10 others and so and so forth. Well lets just say I have already advised several persons about this situation and, from the market watch XXXX isnt doing so hot, and you were hired to turn this organization around, with things like this happening its only going to drive consumers away from the brand. I do not want to seek legal action as I think we are both intelligent persons and just to let you know 11 of the 14 accounts that were opened in my name without my knowledge are closed and deemed fraud and they all had the same situation as this account. I think we can all come to amical resolution to benefit XXXX, Comenity Bank, and myself, without seeking legal action. I am not making threats, I am just stating facts and you as CEO of this brand needs to know what kinds of issues this Bank is doing to the reputation of XXXX Incorporated. The rest of this email is a synopsis of what I have been dealing with and I hope you, can assist me with this matter, as I have went as far as I can other than going the legal option, which I do not want to do, however if there is no amical resolution then I will have no other choice but to do so, I hope you understand. 

My identity was stolen in XX/XX/XXXXwith a lost wallet and also again in XX/XX/XXXXwith the XXXX Data Breach. I found out about the Comenity Bank/XXXX  credit card that was on my credit report that your bank services. The card was fraudulently opened in my name and I had no idea whom used my information other than the accounts were opened online at the retailers website and approved. This person used my SSN, DOB, Address, a fake email address and also opened several other accounts with other financial intuitions. 

On XX/XX/XXXXI mailed your organization the FTC fraud affidavit, my police report and also documents to prove who I am and that I did not open these accounts. The Items were delivered to your organization in XXXX, OH XX/XX/XXXX, and again on XX/XX/XXXX. 

On XX/XX/XXXX, I contact my identity theft protection and I also provided an Attorney in Fact POA to your organization, my attorney who is handling sent XX/XX/XXXX and received confirmation as well that it was signed for and then the fraud investigation began. I was told when I called on XX/XX/XXXX that all accounts would be looked into and in good faith sent the documents to prove my case to your organization that this card was opened in my name without my consent and was not aware of. I have called several times and asked to speak to a manager of the fraud investigations department and was advised they do not take calls. My POA has also called which is my Attorney handling the case and asked to discuss the account and numerous times they have denied her access to the information. I have called again numerous times, and my Attorney called and spoke to a female whom was not helpful other than to state that they found the information and will have the POA added to the account. When I spoke to a XXXX on XX/XX/XXXX, he states he will send a escalated request to have the POA added and I demanded that after we have faxed and mailed documents 4 and 5 times that this is a little out of hand and someone is not doing their job only to find out that the paper work was just sitting on an employees desk and had not been entered into the system. If I would run the organization that I work for like that there would be some very large changes to the process to make this simpler for the consumer as well. 

On XX/XX/XXXX, I filed a Consumer Protection Bureau complaint against your organization for violation of the Fair Debt Collection Act, the Fair Debt Billing Act and also being in violation of regulations E and Z of the Truth and Lending Act. Comenity Bank/XXXX has not been honest with my attorney or myself in regards to this fraud case for the Comenity Bank XXXX Credit Card. I was never notified and was never shown any information from your bank about rates and any other items had these cards were opened in my name as it is by law that you mail this information and these cards would have been caught sooner than now. Your organization has failed to provided me with any resolution and the Consumer Financial Protection Bureau received my complaint and I have responded with my feedback. My attorney also sent additional documentation to your address in XXXX, OH again with additional information showing that I never made payments on this card with the account that your bank states that I did and also statements from my current back whom I bank with shows no payments ever made to your organization. These documents were mailed on XX/XX/XXXX certified mail, and we have also faxed your organization only to find out that the documents were just sitting on an employees desk and have not been handled. 

Your organization should have these documents this week and my attorney will be calling in to speak with your organization and XXXX XXXX at XXXX, whom responded to the Consumer Financial Protection Bureau complaint. As I stated above your organization has been most difficult to work with and has been rude to myself and my attorney and refused to provide pertinent information to either of us. In Mr. XXXX response he also states a cease and desist letter was sent from a XXXX XXXX XXXX XXXX   XXXX XXXX. I called and spoke to XXXX who is the executive manager of XXXX XXXX XXXX and he advised me that they have no record of me ever contacting them, he verified my SSN, DOB, Email Address, and Address and stated that he has no record or documentation that I ever contacted them to settle the debt with your organization, as I never knew about that account. 

My attorney also has records to this fact where I spoke to XXXX and he provided that information, I also asked what his organization does and he explained and agreed that I never reached out to them for assistance and he has not record of such account. This is providing false and egregious information to a Government Agency on your organizations behalf and also violates my privacy and United States Citizen under the Patriot Act. This account was also opened online according to the officer investigating my case with XXXX XXXX Police Department. This is a complete violation of the Uniform Electronic Transaction Act ( UETA ). Your organization also violated the Sarbanes-Oxley Act ( SOX ), when allowing someone to pose as me online with a fraudulent email address and e-sign documents that I agreed to the account and would accept the credit card and use it for purchase, which I never did. Your organization also violates the Dodd-Frank Act ( DFA ), and the Graham-Leach-Bliley Act ( GLBA ), which are also governed by the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, and the Office of Comptroller of Currency. 

I dont shop at XXXX retailers nor would I ever have a credit card with this organization with the way consumers are treated. It is unjust and unfair to the consumers such as myself whom are victims of Identity theft and I have to go to these lengths to send all this documentation and get an attorney involved as well as my credit monitoring identity theft services to deal with your organization. I have proven with all the documents that I have sent to your organization that the account was sent up in my name fraudulently and is identity theft and I dont know what other course of action but to have my attorney take your organization to court and sue you for damages, losses, attorney fees, and pain and suffering from having to deal with this issue. According to the records that I have the account had {$1300.00} from the statement that was sent to me alerting me of the fraudulent card, and It was not me and if your organization wants to go to court over that, then we will have no choice but to do so. I do not want to go this far with your organization and harm its reputation around the globe, however I will do what is necessary to protect myself and my good credit. 

I continue to receive documentation from your organization that payments were made and the information is very vague, XXXX whom I spoke with in the fraud department on several occasions states that payments were made and so I went to the bank these payments came from as she states and got a letter that shows that I have no open accounts with them and never been a client. I also sent 5 months of my current bank statements that show that I never made any payments to your organization as in good faith to show that this account was opened in my name fraudulently and I did not make payments on the account. 

My concern is if your organization treats customer whom show that they are victims of identity theft and also that person in good faith provides documentation that the accounts are fraud and they never opened them, nor made payments what is the issue? Does your organization continue to violate laws set for by the Congress of the United States of America and the Governmental agencies that monitor banks like Comenity Bank/XXXX? This is why I filed a complaint against the organization that you head. I also received an alerts from my identity protection that your bank fraudulently placed the charge account back on my credit report again and I will dispute again. This is a complete and utter violation of the Fair Debt Collection Act and the Fair Debt Billing Act and violation of 605B of the Act, while an account is in dispute it is to be removed from credit reporting agencies. 

On a personal note does your organization not have any empathy for someone like myself who has to deal with this? This has placed a tremendous amount of stress on me and thats why I have hired the attorney and my identity theft protection to take care of these matters, when I have to call several times to ask if a POA is on an account or why are you still holding me responsible for something that I did not do this is just unfair banking practices. I would suggest that your organization take a strong look at how your fraud teams handle customers and how they are rude and very unfriendly. I would also suggest that your bank take a look at what laws they are violating and review banking regulations several times a year. 

Mr. XXXX what I expect from your organization as a resolution is to remove the Comenity Bank/XXXX Credit Card as I did not make payments on this account nor did I open it. I would also like to speak with you or someone in upper level management with some sense that can handle my issues and resolve this matter so that it benefits myself and your organization. This notification and email states that I do not assume the debt nor was I aware of it. 

Mr.  XXXX I look forward to working with you and your management team to come to an amical resolution for both myself and Comenity Bank/XXXX If you have any further questions you can contact me after XXXX XXXX EST at XXXX, or please respond to my email. 

Thank you for your assistance and kind regards, XXXX XXXX XXXX, XXXX. 
XXXX XXXX XXXX XXXX # XXXX XXXX, NC XXXX XXXX : ( XXXX ) XXXX

Company response to consumer: Closed with explanation