Consumer complaint received 2021-08-14
Company: CITIBANK, N.A.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Difficulty submitting a dispute or getting information about a dispute over the phone

Complaint:
XXXX, a Credit Reporting Agency, is in direct violation of the Fair Credit Reporting Act, specifically FCRA 605B ( 15 U.S.C. 1681c-2 ) in dealing with my dispute of identity theft and credit card fraud. 

On XX/XX/2021, I sent XXXX certified mail containing a dispute letter ( see copy of letter attached ) to block information on my credit report pertaining to a fraudulent credit account I did not open at CBNA / Best Buy and for purchases I did not make on the fraudulently opened credit card. The certified letter was delivered on XX/XX/2021 at XXXX XXXX ( see attached for delivery receipt ). Enclosed in the letter was the following : -A copy of my XXXX credit report with the fraudulent items circled -A signed copy of my FTC Identity Theft Report ( # XXXX ) -A certified copy of my XXXX Police Department Public Release Report proving I filed a police report about the identity theft / fraud -A copy of section 605B of the FCRA which requires CRA 's to block the fraudulent information on my credit report resulting from identity theft within four business days and to promptly notify the furnisher -Proof of Identity ( photocopied Texas ID card ) When I called XXXX on XX/XX/XXXX, 4 business days after my certified letter was delivered, they claimed that no letter had been received and that I should initiate a dispute online, send the documents again, or initiate a dispute over the phone. I decided to re-initiate the dispute over the phone, as I was assured that it was okay if two disputes over the same claim were started. 

I called back again on XX/XX/2021, 5 business days after my certified letter was delivered, and spoke to multiple Fraud officers that were poor XXXX speakers and also very rude ( XXXX or XXXX, XXXX, and XXXX XXXX. XXXX claimed that I had discrepancies in my Police Public Release Report ( the police report did not have my full name that matched my name, did not have my CBNA/BestBuy acct number, did not have the location nor date that the police report was filed ) ( see my certified public release report attached ). Additionally, the FTC Identity Theft Report did not have " CBNA '' as the Creditor and also was not certified by the police as being part of my police report ( though I assured them I had included the FTC ID Theft report as supporting documentation to my incident report ). I asked XXXX if I could speak to her manager, but she said that because my dispute was still being processed, I could not raise the issue with her manager. As such, after that call, I corrected my FTC ID Theft Report ( # XXXX ) on www.identitytheft.gov to include " CBNA / Best Buy '' as the " Company or Organization '' and re-uploaded the document on to XXXX 

Later the afternoon of XX/XX/XXXX, I called XXXX back to see if my new FTC ID Theft report was sufficient. I talked to XXXX. XXXX was just as rude and hard to understand as the previous Fraud officers I spoke to. She told me that my FTC Identity Theft Report could not be verified with the systems they have that connect with the FTC ID Theft report program. XXXX also told me that I had to bring up my issue directly with the FTC as to why my Theft Report was not in the correct report format. I asked to speak to her manager, but XXXX said her manager was not available, but that the manager would call back in 3 hours. I never received a call back from her manager. 

On the morning of XX/XX/XXXX, 6 business days my certified letter was delivered to XXXX I called the FTC. I spoke with a very helpful FTC agent named XXXX. She took my information down, looked up my FTC ID Theft report number and verified that everything looked great and that there would be no reason XXXX should not accept my FTC ID Theft Report. XXXX said she had never heard of someone having my issue. XXXX recommended I call the Consumer Financial Protection Bureau ( CFPB ) for further assistance with this. I did call the CFPB in the afternoon of XX/XX/XXXX and talked to XXXX. XXXX recommended I file a complaint against XXXX, as the CFPB has supervisory powers over the credit rating agencies. 

Before I made this complaint, I tried calling XXXX back one more time. I spoke with XXXX in the Fraud Department. I explained my situation about my FTC report, that I personally verified with the FTC that my FTC Identity Theft Report was more than acceptable to prove to credit bureaus that I had filed the incident with the FTC, and that I would be filing a complaint against XXXX  with the CFPB if my dispute did not result in blocking the fraudulent item on my Credit report. He stated that as a matter of internal policy that XXXX does not disclose " Validation Guidelines '' to the public. 

XXXX suggested that I create an entirely new FTC Identity Theft Report ( with a new FTC Report Number ) to upload to my dispute. I asked to speak with XXXX manager XXXX XXXX XXXX, but she was not available. He took my phone number down and guaranteed and assured me that there was a 100 % probability that his manager, XXXX, would call me back by XXXX XXXX XXXX on Friday, XX/XX/2021. 

XXXX, the XXXX  Fraud Manager, never called. As such, I created a brand new FTC Identity Theft account under a different email address per XXXX 's instructions, and generated a brand new FTC Identity Theft Report ( with a new FTC Report Number : XXXX ) which is 1-pg in its entirety and uploaded the new document to XXXX  per the instructions I received from XXXX 

It is now XXXX Central on Friday, XX/XX/XXXX ... 6 business days after my certified dispute letter and supporting documentation was delivered to XXXX 

Per FCRA 605B ( 15 U.S.C. 1681c-2 ) section A, it states the below : ( 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. 

My dispute letter included all of the above. I am trying to purchase my first home and can't because my credit score has dropped >80 points as a result of this. 

Let me also mention that both XXXX  and XXXX  have already blocked this negative information from my credit report. XXXX  had blocked it by XX/XX/XXXX, and XXXX blocked it by XX/XX/XXXX. Why is XXXX  the only CRA not following the statutes that the rest of the CRA 's are following. 

I don't know what to do now ... I feel even more victimized now as a result of XXXXXXXX XXXX  complete failure to follow the rules and laws that govern this country. 

And on that note, I will close with an email I received from XXXX ( also attached ) on XX/XX/2021, that alleges that I am one of three things : 1 ) that I am either suffering from some sort of mental handicap ( that I've made all of these requests " in error '' ) or 2 ) that I am the one who is in fact the criminal for knowingly and materially misrepresenting the situation, or 3 ) that I actually did open the account and make the purchases, which would be in violation of federal, state, or local criminal statutes that may result in fines, imprisonment, or both given the FTC Identity Theft and Police Reports I made. 

I am at a lose of words ... .as promised, see a blurb from the email I discuss above : " We are responding to your request that information in your personal credit report be blocked due to identity theft. Based on our review of your request and the information available to us, we have determined that either : your request to block was made in error, or, your request to block information was based on a material misrepresentation, or, you knowingly obtained or should have known that you obtained possession of goods, services, or moneys as a result of one or more of the transactions that you are seeking to block. 
Therefore, we are declining your request to block one or more of the items of information. "

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 non-monetary relief