Consumer complaint received 2024-10-18
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc. (CA)

This is not a duplicate, so dont classify it as that XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX SSN : XXXX XXXX : XXXX Phone Number : XXXX Experian XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : Formal Dispute and Request for Immediate Action on Fraudulent Account ( Account Number : XXXX ) Under FCRA and California Law To Whom It May Concern, I am writing to formally dispute the fraudulent account reported by XXXX XXXX XXXX  ( Account Number : XXXX ) on my Experian credit report. This account was opened without my authorization and has caused significant harm to my financial standing. Despite my attempts to resolve this matter directly with XXXX XXXX XXXX, the issue remains unresolved. 

1. Identification of Fraudulent Account The account in question was opened without my consent. I have provided an Identity Theft Report from the XXXX Police Department ( Report Number : XXXX ) and an affidavit from the Federal Trade Commission ( FTC ) to both XXXX XXXX XXXX and Experian, as mandated by law. 

2. Legal Obligations Under the Fair Credit Reporting Act ( FCRA ) Under the FCRA, specifically Section 605B ( 15 U.S.C. 1681c-2 ), credit reporting agencies are required to block information resulting from identity theft upon receipt of a valid identity theft report. I have fulfilled this requirement by submitting the necessary documentation. Your obligation to act on this report is clear ; failure to comply constitutes a violation of the FCRA.

3. California Identity Theft Laws Under California Penal Code 530.5, it is unlawful for any person to obtain, possess, or use another persons personal identifying information without authorization. This statute reinforces my position and establishes that the account must be blocked and removed. 

4. Verification Process and Lack of Due Diligence XXXX claims that my personal information was verified at the time of account opening. However, verification of name, DOB, and SSN does not confirm authorization. I request XXXX to provide forensic data, including IP addresses, geolocation, and device types used during account registration and logins. If this data does not correspond with my known devices, it substantiates my claim of identity theft. 

5. Address Discrepancy The address linked to this XXXX XXXX XXXX, XXXX, XXXX  XXXX a XXXX  office space that I have never lived in or associated with. This should have raised a red flag during the verification process. I demand an explanation of how this address passed through your verification checks. 

6. FCRA Section 605B Compliance XXXX assertion that they can override a verified identity theft report through internal review is incorrect. Upon confirming identity theft, it is your legal duty to block or delete this account. I expect your immediate action in notifying credit reporting agencies to comply with FCRA Section 605B. 

7. Electronically Signed Agreement XXXX claims that an electronically signed agreement legitimizes this account. However, without corroborating evidence, such as device logs or IP information, this signature is insufficient proof. I request detailed records related to the electronic signature used during account creation. 

8. New Evidence The XXXX Police Department Identity Theft Report and FTC affidavit represent new, legally significant evidence that must be addressed. Failure to acknowledge this documentation raises questions about XXXX compliance with the FCRA and California law. 

9. Request for Action I hereby demand that Experian : 1. Immediately block the fraudulent account ( Account Number : XXXX ) from my credit report. 
2. Notify XXXX XXXX XXXX to cease reporting this fraudulent account to all credit bureaus. 
3. Provide written confirmation of this removal within 30 days, as mandated by 15 U.S.C. 1681i ( a ) ( 6 ).

4. Correct any inaccuracies in my credit report resulting from this fraudulent activity.

10. Consequences of Non-Compliance Failure to comply with these requests will compel me to : File a complaint with the Consumer Financial Protection Bureau ( CFPB ) and the California Attorney Generals Office. 
Pursue legal action for damages under both federal and state laws. 

Conclusion The presence of this fraudulent account on my credit report continues to negatively impact my financial standing. I trust that Experian will act promptly to fulfill its obligations under the FCRA and California law to protect consumers from identity theft. 

Thank you for your immediate attention to this urgent matter. I expect to receive confirmation of the removal of the fraudulent account within the legally mandated timeframe. 

Sincerely, XXXX XXXX XXXX XXXX : XXXX. XXXX Police Department Identity Theft Report 2. FTC Identity Theft Affidavit 3. Correspondence with XXXX XXXX XXXX