Consumer complaint received 2023-05-29
Company: Experian Information Solutions Inc.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Identity Theft and Fraudulent Accounts - Response to Findings Dear XXXX XXXX, XXXX, and EXPERIAN I am writing to address your recent communication regarding the findings of your fraud specialists in response to my concerns about the accounts opened under my name. I appreciate your review of the matter ; however, I must assert that I am a victim of identity theft, and the fact remains unchanged regardless of your findings. I would like to emphasize that I did not open any auto loan account with XXXX XXXX, and the information you have provided does not accurately reflect the circumstances surrounding this case. 

I would like to emphasize that regardless of your findings, the fundamental fact remains that I did not enter into any contractual agreements or engage in transactions with XXXX XXXX or XXXX XXXX. 

Identity theft, as recognized under both common law and statutory provisions, constitutes a grave violation of an individual 's rights and personal security. It is crucial to acknowledge that the burden of proof lies with the accused party to demonstrate the legitimacy of the transactions attributed to my name. While you have presented documents such as a signed credit application and contract, it is imperative to consider that these documents have been forged or obtained fraudulently by the perpetrator of the identity theft. 

It is crucial to consider that the claimed recordings presented as evidence can be subject to manipulation and tampering, possibly facilitated by artificial intelligence technology. In the revolutionary technology-driven year of 2023, it is known that AI has the capability to mimic and replicate voices, as well as mask phone numbers. Therefore, the conversations and the telephone number associated with the accounts in question can not be solely relied upon as proof of my involvement. Moreover, your result findings that AI can not secure a cellphone number or replicate voices is contradicted by the increasing number of identity theft cases involving AI-assisted scams, which have caused significant harm to individuals ' lives. 

The advancements in AI technology have made it increasingly plausible for scammers to exploit these tools, masking phone numbers and imitating legitimate individuals. Therefore, the argument that AI can not secure a cellphone number, replicate voices, or mask phone numbers is unfounded, as there have been numerous documented cases of AI-aided identity theft in recent years. 

Moreover, I would like to invoke the protections afforded to consumers under the Universal Commercial Code ( UCC ) and the Fair Credit Act ( FCA ). The UCC places the burden of proof on the party claiming a valid contract, and in this case, XXXX XXXX would need to provide clear and convincing evidence that I willingly and knowingly entered into the auto loan agreement. Additionally, the FCA emphasizes the importance of consumer rights and provides provisions for dispute resolution and investigation of fraudulent activities. It is imperative that you engage fully with the applicable laws and regulations to ensure a fair and just resolution to this matter. 

I find it disheartening that XXXX XXXX, as a financial institution, is dismissing the possibility of my innocence without thoroughly considering the mounting evidence of identity theft. The fact that my elementary signature that can easily be replicated, which I have used consistently since grade-school, does not match the signatures on the origination documents further supports my claim. It is important to note that identity theft cases involving AI are on the rise, and it is imperative for financial institutions including XXXX adapt to these evolving threats and take responsibility for their customers ' protection. 

Furthermore, I find it disconcerting that XXXX appears to dismiss the potential role of AI in the perpetration of identity theft, especially in this technologically advanced era. The claim that AI can not secure a cellphone number, replicate voices, or mask phone numbers demonstrates a lack of understanding of the current capabilities of such technologies. This dismissal of emerging threats and the failure to adopt adequate measures to protect consumers further raises concerns about the bank 's commitment to customer security and well-being. 

Given the gravity of this situation and the significant impact it has had on my financial and personal life, I implore you to conduct a thorough and unbiased investigation into the matter. I urge you to collaborate with specialized fraud detection experts, leverage advanced forensic analysis techniques, and involve relevant law enforcement agencies to uncover the truth behind this identity theft. It is my firm belief that, with diligent efforts and adherence to legal obligations, the authenticity of the claimed recordings, signatures, and phone numbers will be called into question, ultimately revealing the fraudulent nature of the accounts in question. 

It is crucial to note that the authenticity of the claimed recordings, signed credit application, and contract can be called into question. Given the circumstances surrounding this case, it is evident that the signatures present on these documents are not mine, and the phone numbers associated with the account activities were not under my control or authorization. These discrepancies strongly indicate that the identity thief has resorted to fraudulent means to establish a false connection between my name and the accounts in question. 

Please provide me with written confirmation of the receipt of this letter, an update on the progress of your investigation within a reasonable timeframe, and a clear plan of action to rectify this unjust situation, and an immediate update on the actions you will take to rectify this situation. I reserve my rights to pursue legal remedies, including filing a formal complaint with regulatory authorities, seeking restitution for damages incurred, and taking civil actions against all parties responsible for this fraudulent scheme. 

I anticipate your prompt attention to this matter and a fair resolution that acknowledges the truth and restores my rightful standing. Your cooperation in resolving this issue is of utmost importance to me. 

Thank you for your attention to this matter. I trust in your commitment to the principles of justice and accountability. 

Yours sincerely, 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