Consumer complaint received 2024-09-16
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: CNG FINANCIAL CORPORATION (VI)

I am writing to formally request your assistance regarding an identity theft issue that has resulted in a fraudulent account being opened in my name with Axcess, account number XXXX. I did not authorize this account, and I was unaware of its existence until I reviewed my credit report. This fraudulent account is significantly impacting my credit score and financial stability.

In response, I immediately filed an identity theft report with the Federal Trade Commission ( FTC ) and have contacted both Axcess and the credit reporting agencies, providing my FTC Identity Theft Report and other supporting documentation. Despite these actions, this fraudulent account remains on my credit report, and no action has been taken to remove it. 

Legal Violations : The failure to remove this fraudulent account after being notified of the identity theft violates several federal laws : 1. Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681c-2 : Under the FCRA, credit reporting agencies are required to block and remove fraudulent information from a consumers credit report once they have received appropriate documentation, such as my FTC Identity Theft Report. Axcesss continued reporting of this account and the credit reporting agencies failure to remove it are direct violations of this law.

2. Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 : Any continued attempt by Axcess to collect on this fraudulent account violates the FDCPA, which prohibits debt collectors from attempting to collect debts that result from identity theft.

3. Fair and Accurate Credit Transactions Act ( FACTA ), 15 U.S.C. 1681g : FACTA reinforces the consumers right to dispute fraudulent accounts and requires credit reporting agencies and creditors, such as Axcess, to investigate and correct inaccuracies. Failure to remove this account after receiving notice of identity theft is a violation of FACTA.

4. Gramm-Leach-Bliley Act ( GLBA ) : Axcess is responsible for protecting my personal financial data. Their continued reporting of a fraudulent account constitutes a failure to safeguard my personal information, violating their obligations under the GLBA.

5. Federal Trade Commission Act ( FTCA ), 15 U.S.C. 45 : Continuing to report or collect on a fraudulent account after receiving an FTC Identity Theft Report can be deemed an unfair or deceptive practice under the FTC Act, which may result in legal consequences. 
6. Identity Theft and Assumption Deterrence Act : As a victim of identity theft, I am protected under this act. By failing to remove fraudulent accounts and allowing them to remain on my credit report, Axcess and the credit reporting agencies are violating my rights under this law.

Potential Legal Action : If Axcess and the credit reporting agencies do not remove the fraudulent account, I reserve the right to pursue legal action under the following laws : Lawsuit under the FCRA : Violations of the FCRA can lead to a lawsuit against both the credit reporting agencies and Axcess. I may be entitled to recover actual damages, statutory damages ( up to {$1000.00} per violation ), punitive damages, and attorney fees. 
Lawsuit under the FDCPA : If Axcess or any third-party debt collector continues to attempt to collect on this fraudulent account, I may sue for statutory damages ( up to {$1000.00} ), actual damages, and attorney fees under the FDCPA.

FTC or Private Lawsuit for Unfair Practices : Engaging in deceptive or unfair practices under the FTC Act can result in legal action by the FTC. Additionally, I could file a private lawsuit seeking damages caused by Axcesss unfair practices.

Request for CFPB Assistance : I am requesting the CFPBs intervention to ensure that Axcess and the credit reporting agencies comply with the law and : 1. Immediately Remove the Fraudulent Account : I request the removal of Axcess Account Number : XXXX from my credit report, in compliance with the FCRA and XXXX. 
2. Cease All Collection Efforts : All collection efforts related to this fraudulent account must cease immediately, in accordance with the FDCPA.

3. Correct My Credit Report : My credit report should be updated to reflect the removal of the account, and any negative marks or inquiries related to the fraudulent account must be removed as well.

4. Written Confirmation of Actions Taken : I request written confirmation from Axcess and the credit reporting agencies that the account has been removed and my credit report updated accordingly. 

Thank you for your attention to this matter. I look forward to your assistance in ensuring that this fraudulent account is removed and that Axcess complies with its legal obligations.