Consumer complaint received 2024-07-20
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: GREENSKY OPERATIONS, LLC (CA)

I am writing to file a formal complaint against GS Loan ServicesXXXX XXXX  for their violation of consumer rights as established under the Fair Credit Reporting Act ( FCRA ) and relevant California state laws. 

In XX/XX/year>, the credit bureau informed GS Loan ServicesXXXX XXXX  of a fraudulent account opened under my name. I further notified GS Loan ServicesXXXX XXXX  on XX/XX/year>, via email and phone calls, that I am a victim of identity theft and that the account opened with their company was fraudulent. Despite providing supporting documentation, GS Loan Services/XXXX  XXXX  has failed to comply with several FCRA requirements to protect consumers in such situations. 

The violations include : 1. **Failure to Close Fraudulent Accounts** : According to 15 U.S.C. 1681c-2, upon receiving notice of identity theft, a creditor is required to block the reporting of any information that the consumer identifies as resulting from identity theft within four business days. GS Loan ServicesXXXX XXXX  has failed to close the fraudulent account and stop reporting the fraudulent debt to credit reporting agencies. 

2. **Lack of Documentation** : Per 15 U.S.C. 1681g, consumers have the right to request and obtain all relevant documentation regarding the fraudulent account, including applications, payments, invoices, and information used to open the account. Despite my requests, GS Loan Services/XXXX XXXX has not provided the necessary documentation. 

3. **Failure to Cease Debt Collection** : Under 15 U.S.C. 1692c, debt collectors must cease communication with the consumer if they are notified that the debt is disputed and relates to identity theft. GS Loan ServicesXXXX XXXX  has continued to contact me with harassing phone calls and debt collection tactics. 

4. **Failure to Remove Personal Information** : According to 15 U.S.C. 1681b, personal information should only be used for permissible purposes. Given the fraudulent nature of the account, GS Loan Services/XXXX XXXX  should remove all my personal information from their database. 

In addition to the federal violations, GS Loan ServicesXXXX XXXX is also in violation of California state laws, including : 1. **California Identity Theft Statute ( Cal. Civ. Code 1798.92XXXX1798.97 ) ** : This statute provides protections for victims of identity theft, including the right to have fraudulent accounts closed and the associated debt removed from credit reports. GS Loan Services/XXXX XXXX  has not complied with these requirements. 

2. **California Fair Debt Collection Practices Act ( CFDCPA, Cal . Civ. Code 1788-1788.33 ) ** : This act prohibits debt collectors from using abusive, unfair, or deceptive practices. The continued harassment and debt collection tactics by GS Loan ServicesXXXX XXXX are in direct violation of this law. 

3. **California Consumer Privacy Act ( CCPA, Cal . Civ. Code 1798.100-1798.199 ) ** : Under the XXXX, consumers have the right to request the deletion of personal information held by a business. GS Loan ServicesXXXX XXXX  has failed to remove my personal information from their database as requested. 

I request that the CFPB intervene to ensure XXXX XXXXoan ServicesXXXX XXXX  complies with both federal and state guidelines and takes the necessary actions to :