Consumer complaint received 2020-10-23
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Credit monitoring or identity theft protection services — Didn't receive services that were advertised
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC. (TX)

RE : Member ID XXXX Consumer Lending and UDAAP Violations. 

My XXXX Member is XXXX, and I was the victim of identity theft. In response to this identity theft and fraudulent activity, XXXX took adverse action which affected all my accounts held with XXXX. This included 3 credit card accounts, a checking and savings account, auto and renters insurance, my auto loan, and a certificate of deposit account. 
The purpose of the FCRA is " to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, about the confidentiality, accuracy, relevancy, and proper utilization of such information. The FCRA outlines a consumer 's rights in relation to his or her credit report, as well as permissible uses for credit reports and disclosure requirements. In addition, the FCRA imposes a duty on consumer reporting agencies to ensure that the information they report is accurate, and requires persons who furnish information to ensure that the information they furnish is accurate. 
While XXXX was repeatedly notified, I was the victim of identity theft and provided many acknowledgments to this fact, they have continued to provide fraudulent and negative data to the CRAs associated with the identity theft. 
The FACT Act, signed on XX/XX/XXXX, includes, inter alia, a number of amendments to the Fair Credit Reporting Act aimed at preventing identity theft and assisting victims. Generally, these new provisions mirror laws passed by state legislatures and create a national standard for addressing consumer concerns with regard to identity theft and other types of fraud. 
In addition to the fraud alert, victims of identity theft may also have information resulting from the crime blocked from their credit reports. After the receipt of appropriate proof of the identity of the consumer, a copy of an identity theft report, the identification of the allegedly fraudulent information, and a statement by the consumer that the information is not information relating to any transaction conducted by the consumer, a consumer reporting agency must block all such information from being reported and must notify the furnisher of the information in question that it may be the result of identity theft. Requests for the blocking of information must also be referred to other consumer reporting agencies. 
Victims of identity theft are also allowed to request information about the alleged crime. A business entity is required, upon request and subject to verification of the victim 's identity, to provide copies of application and business transaction records evidencing any transaction alleged to be a result of identity theft to the victim or to any law enforcement agency investigating the theft and authorized by the victim to take receipt of the records in question. 
I made requests to block all fraudulent information being furnished by XXXX in connection with the identity theft incident. However, XXXX verified the fraudulent information with the CRAs resulting in it not being removed from my credit reports. 
The Fair Credit Billing Act ( FCBA ) provides consumers with an opportunity to receive an explanation and proof of charges that may have been made by an impostor and to have unauthorized charges removed from their accounts. The purpose of the FCBA is " to protect the consumer against inaccurate and unfair credit billing and credit card practices. '' The law defines and establishes a procedure for resolving billing errors in consumer credit transactions. For purposes of the FCBA, a " billing error '' includes unauthorized charges, charges for goods or services not accepted by the consumer or delivered to the consumer, and charges for which the consumer has asked for an explanation or written proof of purchase. 
Under the FCBA, consumers can file a claim with the creditor to have billing errors resolved. Until the alleged billing error is resolved, the consumer is not required to pay the disputed amount, and the creditor may not attempt to collect, any part of the disputed amount, including related finance charges or other charges. The act sets forth dispute resolution procedures and requires an investigation into the consumer 's claims. If the creditor determines that the alleged billing error did occur, the creditor is obligated to correct the billing error and credit the consumer 's account with the disputed amount and any applicable finance charges. 
On XX/XX/XXXX Pursuant to Section 609 ( e ) of the Fair Credit Reporting Act I once again formally notified XXXX that I was a victim of identity theft and requested all records from each account adversely affected. This request was ignored and none of the requested information has been provided. 
In XXXX the OCC issued a consent order and fined XXXX for the following violations : ( 1 ) The Bank has failed to implement and maintain an effective compliance risk management program and an effective IT risk governance program commensurate with the Banks size, complexity, and risk profile. The Bank has deficiencies in all three lines of defense ( first-line business units, independent risk management, and internal audit ) in its compliance risk management program.

( 2 ) As a result of the deficiencies described in Paragraph ( 1 ) above, the Bank engaged in violations of law, including but not limited to violations of the Military Lending Act and the Servicemembers Civil Relief Act. Such violations are being remediated pursuant to Article VI of the XXXX Order. 
( 3 ) By reason of the foregoing conduct, the Bank engaged in unsafe or unsound practices and violations of law, which were part of a pattern of misconduct. 
Summarizing applicable Standards for UDAAPs Unfair Acts or Practices, the XXXX XXXX prohibits conduct that constitutes an unfair act or practice. An act or practice is unfair when : It causes or is likely to cause substantial injury to consumers ; The injury is not reasonably avoidable by consumers ; The injury is not outweighed by countervailing benefits to consumers or the competition. 

The FCRA, by contrast, defines adverse action more broadly to include section 701 ( d ) ( 6 ) of ECOA. Denial or cancellation of, an increase in any charge for, or a  reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; A denial or cancellation of, an increase in any charge for, or any adverse or unfavorable change in the terms of a government license or benefit ; or in connection with account review that is adverse to the consumers interests. 
XXXX routinely made statements in direct opposition to the statutes and regulations mentioned above. Upon contacting XXXX, I was repeatedly told I needed to speak to XXXX. I left hundreds of messages for XXXX and her manager all of which were never returned. The only response I would receive was vague and ambiguous statements made by XXXX, oftentimes which had no bearing on the concerns raised and violation notices brought to the attention of XXXX. XXXX made false and accusatory statements pointing blame at me, the cardholder, and illegally ignored their legal obligations. 
XXXX has become known for its many unfair, deceptive, and abusive acts. While it has become the case rather than the exception for XXXX to violate its member 's rights. XXXX failure to comply with XXXX, UDAAP, FCRA, and the cardmember agreement led to the adverse actions taken by XXXX, XXXX furnishing negative and fraudulent date to the Credit Reporting Agencies, as well as selling off a fraudulent debt to third party debt collectors in clear violation of the above statutes as well as the Military Lending Act. 
I would appreciate your prompt attention and direct response to EACH of the following issues in detail : XXXX inability to refund fraudulent transactions promptly XXXX providing final credits to my CC accounts and the illegal decision to reverse the credits issued for the fraudulent transactions XXXX closing restricting my account access in connection with the fraudulent activity reported o If the adverse actions were not due to the reported identity theft, a detailed explanation for the restriction to my online access, closure of all my accounts, and fraudulent furnishing of data to the CRAs. 
o To date the only explanation XXXX has provided is to say they have decided no longer to do business with me for banking violations. No detailed examples or explanations have been provided as legally required. I require a detailed explanation. 
XXXX  refusal to provide physical credit card statements, loan statements, account ledgers, or brief refusal to accept payments from external accounts for my auto loan. 
XXXX illegally, selling the debt accrued as a result of fraud to 3rd party debt collectors. 
XXXX marketing the XXXX credit secure and id theft and monitoring service as a professional service to help recover ones identity when stolen. This is not an accurate portrayal, as I paid for this service but received no such help. 
With regards to my most recent auto loan XXXX failing to provide an account ledger to date, accurate billing statements, account origination and loan documents, and all other legally required documents. 
I appreciate your prompt attention to these many issues. I would ask you to FULLY and ACCURATELY reply to EACH of these issues raised above, in full detail. This has yet to be completed by XXXX, who often fails to even comment on any issues and has always failed to provide a legally required, complete, and detailed explanation for the account closures and adverse action. 

Regards, XXXX XXXX