Consumer complaint received 2024-11-06
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC. (MI)

I XXXX XXXX XXXX, A Victim of identity theft, I request removal and deletion of the listed accounts on my Transunion credit report.1. XXXX XXXX XXXX Account Number:XXXX,2.XXXX XXXX XXXX Lead Bank Account Number:XXXX XXXX 
This letter serves as my formal demand, under multiple federal statutes, for the immediate and irrevocable removal of fraudulent accounts currently appearing on my TransUnion credit report. I, XXXX XXXX XXXX, am a documented victim of identity theft, and I have filed an official report with the Federal Trade Commission ( FTC ), as documented under FTC Report Number : XXXX. This report unequivocally confirms the illegitimacy of the accounts listed below, both of which were fraudulently opened without my knowledge or authorization : XXXX XXXX XXXX Lender ( Account Number : XXXX ) XXXX XXXX XXXX Lead Bank ( Account Number : XXXX ) The presence of these unauthorized accounts on my credit report is a direct violation of my rights under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C . 1681-1681x, as well as privacy protections afforded under 15 U.S.C. 6802-6805 ( the Gramm-Leach-Bliley Act ) and the Privacy Act of XXXX. This letter also invokes case law that establishes TransUnions obligations to conduct a thorough, individualized investigation rather than relying solely on automated systems such as e-OSCAR.

1. Statutory Requirement for Immediate Deletion of Fraudulent Accounts Under FCRA Section 605B [ 15 U.S.C. 1681c-2 ], TransUnion is legally mandated to block and remove fraudulent entries upon receipt of a valid identity theft report. This obligation is absolute and requires TransUnion to act promptly, ensuring that my credit report reflects only accurate, authorized entries. I demand, in no uncertain terms, that TransUnion immediately and permanently deletes the fraudulent entries associated with XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX from my report. 

Failure to comply will constitute a willful disregard for FCRA mandates, leaving TransUnion liable for statutory damages for each instance of non-compliance, as substantiated by XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) and XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ). These precedents clarify that consumers are entitled to pursue statutory penalties per violation when CRAs fail to fulfill their FCRA obligations. 

2. Obligation to Conduct a Reasonable Investigation Beyond e-OSCAR The reliance on the e-OSCAR system by credit reporting agencies ( CRAs ), including TransUnion, has been widely recognized as insufficient for fulfilling the FCRAs requirements for a reasonable investigation. XXXX XXXX Trans Union , LLC, XXXX. XXXX ( XXXX XXXX XXXX XXXX, XXXX ), criticized the inadequacy of e-OSCAR, emphasizing that automated systems alone fail to capture the complexity and nuance required to resolve consumer disputes involving identity theft. This case underscored that e-OSCARs limitations may lead to a superficial examination of disputes, which, in cases like mine, is unacceptable. 

Furthermore, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), established that merely relying on e-OSCAR without additional inquiry fails to satisfy the FCRAs reasonable investigation standard. The court in XXXX was explicit in stating that CRAs and data furnishers must conduct independent investigations when there is a legitimate dispute, especially when unique factors such as identity theft are present. This case makes it abundantly clear that TransUnion must take steps beyond e-OSCARs automated responses to meet the reasonable investigation threshold under the FCRA. 

The inadequacies of e-OSCAR were further highlighted in XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ), where the court suggested that reliance on automated systems without substantial human oversight constitutes negligence. Given that TransUnion has been notified of the fraudulent nature of these accounts, any reliance on e-OSCARs automated and mechanical dispute handling will be treated as gross negligence, thereby amplifying TransUnions liability. 

XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ), reinforces this position by emphasizing that e-OSCAR is fundamentally inadequate for meeting the FCRAs reasonable reinvestigation requirement. This case directly supports my demand for TransUnion to undertake a detailed, individualized investigation that goes beyond the limitations of e-OSCAR. Any failure to do so will result in separate legal actions to address TransUnions failure to uphold its statutory duties. 

3. Right to Opt-Out of Information Sharing under 15 U.S.C. 6802-6805 Per 15 U.S.C. 6802 ( b ), I am asserting my legal right to opt-out of any and all information sharing practices. This statute, established under the Gramm-Leach-Bliley Act, mandates that financial institutions and CRAs, such as TransUnion, honor the opt-out requests of consumers, thereby restricting the dissemination of personal data. I am formally notifying TransUnion that any further sharing, distribution, or transfer of my personal information related to the fraudulent accounts will be deemed a direct violation of my privacy rights and will subject TransUnion to further legal liability.

The Gramm-Leach-Bliley Act clearly mandates that consumers have a right to control the use and dissemination of their data. Given the identity theft documented in my case, TransUnions compliance with this directive is non-negotiable. Any violation of my opt-out rights will prompt formal complaints to the Office of the Comptroller of the Currency ( OCC ), FTC, and Michigan State Attorney General for additional investigation. 

4. Privacy Act of XXXX and Protection Against Unauthorized Disclosure Under the Privacy Act of XXXX [ 5 U.S.C. 552a ], federal agencies and entities involved in handling personal data are legally obligated to implement stringent safeguards against unauthorized disclosure or access. As a consumer who has been subject to identity theft, I am invoking my right under the Privacy Act to demand that TransUnion enforces every necessary precaution to prevent further unauthorized disclosure of my personal information. This act strictly limits data handling and dissemination, particularly for individuals who have been subjected to identity theft, and TransUnion is hereby reminded of its obligation to adhere to this statutes requirements. 

Failure to implement and uphold these protections will be treated as a direct violation of the Privacy Act, thereby subjecting TransUnion to significant legal consequences. 

5. Formal Demands and Notice of Additional Actions In summary, I hereby demand : Immediate and irreversible deletion of the fraudulent accounts associated with XXXX XXXX XXXX Lender ( Account Number : XXXX ) and XXXX XXXX XXXX Lead Bank ( Account Number : XXXX ). 
Written confirmation of deletion within 15 business days of receipt of this letter, and a documented assurance that these accounts will not be reinserted in my credit report without prior written notification as mandated by the FCRA.

Adherence to my opt-out rights under 15 U.S.C. 6802-6805, preventing any further distribution or processing of my data without my explicit consent. 
Immediate compliance with the Privacy Act of XXXX, to safeguard against any additional unauthorized handling or dissemination of my personal information. 
Failure to comply with these demands will leave me with no choice but to pursue all available legal remedies, including but not limited to filing formal complaints with regulatory authorities and initiating civil action for damages, supported by XXXX XXXX Trans Union Corp., XXXX XXXX XXXX ( XXXX XXXX XXXX ), XXXX XXXX Trans Union Corp., XXXX XXXX XXXX ( XXXX XXXX XXXX ), and XXXX XXXX XXXX XXXXXXXX XXXX, XXXX. XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX ). 

These cases unequivocally establish TransUnions liability for damages arising from each individual act of non-compliance, as well as the responsibility of credit bureaus to go beyond automated systems like e-OSCAR in handling identity theft disputes. The systemic reliance on e-OSCAR for such complex matters is a documented violation of consumer rights under the FCRA, and I am prepared to hold TransUnion accountable for each failure to meet its statutory obligations.