Consumer complaint received 2024-09-01
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Affirm Holdings, Inc (CA)

Subject : Urgent Request for Removal of Fraudulent Accounts Identity Theft** Dear Affirm Inc . Compliance Officer, I hope this correspondence finds you in good order. I am writing to bring your immediate attention to a series of egregious identity theft incidents resulting in the unauthorized establishment of accounts in my name, which have appeared on my consumer credit report. These fraudulent accounts include : 1. Account XXXX : XXXX, opened XX/XX/year> 2. Account XXXX : XXXX, opened XX/XX/year> 3. Account XXXX : XXXX, opened XX/XX/year> 4. Account XXXX : XXXX, opened XX/XX/year> Each of these accounts was fraudulently opened without my knowledge or consent, and as such, they are in direct violation of both state and federal law. Please be advised that I have attached an FTC Identity Theft Affidavit, along with the necessary supporting documents, to substantiate my claim of identity theft. 

**Legal Obligation and Duty of Data Furnishers** As you are undoubtedly aware, under the Fair Credit Reporting Act ( 15 U.S. Code 1681s-2 ), data furnishers such as Affirm Inc. are legally mandated to ensure the accuracy and integrity of the information reported to credit bureaus. Your failure to comply with this statutory duty by continuing to report these fraudulent accounts as legitimate constitutes a clear violation of this law.

Moreover, pursuant to 12 C.F.R. 1022.42, data furnishers are required to conduct a thorough and reasonable investigation upon receiving notice of a consumer dispute regarding information furnished to consumer reporting agencies. I expect nothing short of full compliance with these legal obligations, including the complete removal of these fraudulent accounts from all credit reporting agencies.

**California Law and Consumer Protection** In addition to federal statutes, California 's Consumer Credit Reporting Agencies Act ( CCRAA ) ( Cal. Civ. Code 1785.25 ) also imposes strict guidelines on furnishers of information, prohibiting the submission of inaccurate or incomplete information. Given that I am a resident of California, your obligations under these laws are equally binding. The willful failure to correct erroneous credit information can lead to substantial penalties, as prescribed by both the FCRA and the CCRAA, including civil liability for damages ( 15 U.S.C. 1681n ), attorneys ' fees, and statutory penalties.

**Consequences of Non-Compliance** I must remind you that under 15 U.S.C. 1681n and 1681o, your failure to conduct a prompt and adequate investigation or to take corrective action within the statutory timeframe will expose Affirm Inc. to severe legal penalties. This includes actual damages, punitive damages, and any related court costs and attorneys ' fees, should this matter escalate.

Furthermore, under Californias laws ( Cal. Civ. Code 1785.31 ), your continued non-compliance could lead to punitive damages up to {$5000.00} for each violation, which, given the number of fraudulent accounts in question, may accumulate significant financial exposure.

**Immediate Action Required** In light of the aforementioned laws, I demand that Affirm Inc. immediately : 1. Cease reporting these fraudulent accounts to all consumer reporting agencies.

2. Conduct an in-depth investigation to ensure that no further inaccuracies or fraudulent activity is associated with my personal information. 
3. Provide written confirmation of the actions taken to rectify this issue, along with a detailed explanation of the investigation 's outcome.

Failure to act within the prescribed legal timeframes will compel me to take all necessary legal actions to protect my rights, including but not limited to filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and pursuing civil litigation.

I trust that Affirm Inc. will act swiftly to rectify this matter and uphold its responsibilities under the law. I expect confirmation of the removal of these accounts no later than 30 days from the receipt of this correspondence. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXXXXXX XXXX XXXX