Consumer complaint received 2023-10-25
Company: Marlette Funding, LLC
State: NY
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
i wrote a complaint stating the following " I am not denying my account or stating this account isn't mine. I am not asking for verification as defined pursuant to 15 U.S. Code 1681a ( l ) ( 2 ) ( A ) information in the consumers application for the credit or other information bearing on the credit worthiness of the consumer ; or pursuant to 15 U.S. Code 1681a ( l ) ( 2 ) ( B ) of the information in the consumers application for the credit to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. I am demanding you to remove my account information as you have no permissible purpose to furnish a consumer report in regards to i the consumer '' along with a detail complaint letter of the violations conducted by BEST EGG, best egg then responds with the following " Our records confirm that you applied, accepted, and were approved for a Best Egg Personal Loan. The loan was opened on XX/XX/2021, in the amount of {$6000.00}. Prior to funding, you agreed to the terms and conditions of the loan, as detailed in your XXXX XXXX, and as described in your Truthin-Lending Disclosure Statement. For ease of reference, please find copies of those documents enclosed '' this response has nothing to do with permissible purpose According to 12 CFR 1022.3 ( h ), identity theft occurs when a fraud is committed using the identifying information of another person without authority. In my case, XXXX XXXX XXXX, acting as a consumer reporting agency as defined in 15 U.S. Code 1681a of the Fair Credit Reporting Act ( FCRA ), has furnished and shared my consumer report without authorization. This constitutes an unfair act or practice in connection with a consumer credit transaction, as outlined in 12 U.S. Code 5531 ( c ) ( 1 ) ( A ). This act has caused me substantial injury in the form of identity theft, which was not reasonably avoidable I have not given you written instructions to furnish a report on my behalf to the credit bureaus thinking you as a financial institution are lawfully allowed to report my information I was misinformed and confused from your abusive acts misleading acts, furthermore, Best eggs actions constitute an abusive act or practice under 12 U.S. Code 5531 ( d ). Specifically, they have materially interfered with my ability to understand the terms and conditions of the consumer financial product or service, taken unreasonable advantage of my lack of understanding of these terms, and taken unreasonable advantage of my inability to protect my own interests in selecting and using this product or service. They have also taken unreasonable advantage of my reasonable reliance on them to act in my interests as a consumer In accordance with 12 U.S. Code 5536, it is unlawful for a covered person like Best egg to offer or provide a financial product or service that does not comply with federal consumer financial laws, or to engage in any unfair, deceptive, or abusive act or practice. I therefore request that you take any action authorized under 12 U.S. CODE CHAPTER 53 SUBCHAPTER V Part E to prevent Best egg from engaging in such actions against me and other consumer nationwide

Company response to consumer: Closed with explanation