Consumer complaint received 2024-11-01
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC. (FL)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXX : Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX TransUnion Subject : Formal Demand for Immediate Removal of Unauthorized Accounts Following Data Breaches To Whom It May Concern, This formal complaint addresses the appearance of unauthorized accounts on my credit reports following extensive data breaches involving XXXX, XXXX, and XXXX  XXXX. These breaches exposed my sensitive information, which has subsequently been used to open unauthorized accounts without my consent. These accounts are now unlawfully reported on my credit file by the credit bureaus named above. My name is XXXX XXXX XXXX , and I demand the immediate removal of these accounts, which were opened without permissible purpose, as stipulated under federal law. 

Unauthorized Accounts Due to Data Breaches The accounts listed below are unauthorized and appear to be directly linked to these major data breaches : XXXX. XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX. XXXX XXXX XXXX. 
XXXX. XXXX XXXX XXXX  XXXX. XXXX XXXX XXXX. XXXX XXXX XXXX  XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Accounts that do not fit in the accounts section in FTC report will be in the Personal statement section and needs to be removed accordingly as the Other accounts wil be Due to the serious nature of these breaches and the unauthorized reporting of these accounts, I am formally requesting their immediate removal and corrective action by XXXX, XXXX, and TransUnion. 

The name XXXX XXXX XXXX with a dash between ( XXXX ) and ( XXXX ) must be consistently and accurately represented across all credit reporting agencies and affiliated companies. The failure to correctly reflect this name not only violates the obligations of credit reporting agencies but also facilitates the unauthorized use of my consumer report, which is impermissible under federal law. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX. XXXX ) : This case underscores the importance of accurate reporting and the obligations of consumer reporting agencies to prevent inaccuracies that can result in unauthorized access. 
XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : The Supreme Court established that consumer reporting agencies can be liable for negligence if they do not implement reasonable procedures to maintain the accuracy of consumer reports. 
XXXX XXXX XXXX XXXX  XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX. XXXX ) : This case reaffirms that inaccuracies in reporting can lead to liability under the FCRA, stressing the necessity for companies to uphold correct information. 

Violations of the Fair Credit Reporting Act ( FCRA ) and Permissible Purpose Requirements Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681b, consumer reporting agencies and information furnishers must have a legitimate permissible purpose to access or report an individuals credit information. Case law, including XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ), underscores that permissible purpose requires explicit consumer consent or a legally justified reason. None of the accounts listed above meet the standards required for reporting, nor have I given consent for these entities to access or share my credit data. 

Implications of the XXXX, XXXX, and XXXX XXXX Breaches The XXXX, XXXX, and XXXX  XXXX breaches have each played a role in exposing my personal information to unauthorized use. In re XXXX Data Breach Litigation, No. XXXX ( XXXX  XXXX. ), the court highlighted XXXX failure to secure consumer data, emphasizing that such breaches place consumers at heightened risk of unauthorized account openings and identity misuse. Similarly, XXXX  XXXX breach led to the exposure of millions of Social Security numbers and other sensitive information, which the FTC found in violation of consumer protection laws ( FTC XXXX XXXX XXXX, Civil Action No. XXXX ). These breaches have directly impacted my credit file, and their effects now compel this formal request for the removal of unauthorized accounts opened as a result. 

Violation of Contract Law and Lack of Consent The existence of these accounts without my explicit authorization violates fundamental contract law principles, specifically mutual assent and the covenant of good faith and fair dealing. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), the court affirmed that the unauthorized sharing or use of personal information breaches implied contractual obligations. Reporting accounts on my credit file without my consent further constitutes unlawful interference in my financial records. 


Demand for Immediate Action In light of these serious breaches of federal law and contractual obligations, I am formally demanding the following actions : 1. Immediate removal of all unauthorized accounts listed above from my credit reports with XXXX, XXXX, and TransUnion. 
2. Written confirmation from each credit bureau and involved entities acknowledging the unauthorized nature of these accounts and confirming their permanent removal from my records. 
3. Verification of data security policies and procedures to prevent future unauthorized access and reporting of my information, ensuring compliance with the FCRA and relevant consumer protection laws. 

Notice of FTC Complaint and Legal Intent This letter also serves as formal notice of my intent to submit a complaint with the Federal Trade Commission ( FTC ) regarding these unauthorized accounts and the resulting data breaches. Each unauthorized account that can not be accommodated in the FTC reports Accounts section will be recorded in the Personal Statement section. Should these credit bureaus fail to promptly comply with my demands, I will pursue legal action for damages, holding them accountable for violations under 15 U.S.C. 1681n ( willful noncompliance ) and 1681o ( negligent noncompliance ) of the FCRA. 

FTC regulations provide specific consumer protections for blocking unauthorized accounts under the Fair Credit Reporting Act ( FCRA ), specifically through amendments added by the Fair and Accurate Credit Transactions Act ( FACTA ). According to 15 U.S.C. 1681c-2, consumer reporting agencies must block the reporting of unauthorized or fraudulent information within four business days after receiving notification of the identity theft or unauthorized use of information. This rapid response time ensures that consumers are not unjustly harmed by inaccuracies or unauthorized accounts on their credit reports.

Applicable FTC Law and Case Law FTC guidelines empower consumers to dispute unauthorized accounts directly, and furnishers must comply by investigating and correcting unauthorized data. The FTC has repeatedly enforced actions to uphold this standard, as illustrated in FTC XXXX XXXX XXXX XXXX XXXX XXXX XXXX, where it emphasized the agencys responsibility to quickly investigate and remove unauthorized entries. Similarly, in FTC v. XXXX XXXX, the FTC mandated that XXXX improve its security protocols to prevent such breaches from harming consumers. 

Additionally, case law emphasizes this obligation. In XXXX XXXX TransUnion Corp., XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ), the court ruled that credit bureaus have a strict obligation to prevent the reporting of inaccurate or unauthorized information once they are aware of the issue. This ruling reinforced the FTCs position that consumer reporting agencies must promptly correct and block unauthorized accounts to prevent undue harm to consumers. 

This complaint is submitted as a public record to uphold transparency, accountability, and consumer rights. I expect immediate corrective action from all entities involved. 

Sincerely, XXXX XXXX XXXX