Consumer complaint received 2024-10-30
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc. (CA)

Here is the revised letter including the information that both XXXX and XXXX have already removed the account due to their findings of fraudulent activity : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX Email : XXXX Phone : XXXX Date : XX/XX/XXXX Experian XXXX XXXX XXXX XXXX, TX XXXX Subject : Formal Dispute and Demand for Immediate Removal of Fraudulent Account ( Account Number : XXXX ) Under FCRA and California Law To Whom It May Concern, I am formally demanding the immediate removal of the fraudulent account reported by XXXX XXXX XXXX ( Account Number : XXXX ) from my Experian credit report. Despite providing extensive documentation, XXXX has failed to produce any evidence that this account belongs to me. They have not provided any valid contract, documentation, or proof of my consent to this debt. Their references to company policies or terms and conditions are irrelevant, as I never entered into an agreement or authorized any financial obligation with XXXX. 

This account was created as a result of identity theft, and I am not liable for any debt that does not belong to me. I have fulfilled every legal requirement on my end to resolve this issue, including filing an Identity Theft Report with the XXXX Police Department ( Report No. XXXX, XXXX : XXXX XXXX, XXXX XXXX. XXXX ) and an FTC Identity Theft Affidavit. Both documents have been provided to Experian and XXXX. Yet, Experian continues to attempt to hold me responsible for this account, in direct violation of my rights under federal and state laws. 

Furthermore, XXXX and XXXX have both conducted their investigations into this account and, based on the findings of fraudulent activity, have removed it from my credit reports with them. XXXX continued reporting of this fraudulent account, despite my documentation and its removal by the other major credit bureaus, is unacceptable. 

Failure to Provide Evidence of Valid Account XXXX XXXX XXXX has failed to produce any evidence proving that I, XXXX XXXX XXXX, am responsible for this account. Merely re-verifying information already on file is not legitimate proof and does not validate the account. This does not meet XXXX duty to investigate the accuracy of the information, as required by the Fair Credit Reporting Act ( FCRA ). 
As per FCRA Section 605B ( 15 U.S.C. 1681c-2 ), once I submit valid proof of identity theft, Experian is required by law to block any information resulting from identity theft. This provision clearly states : If the consumer provides a police report or Federal Trade Commission report in the consumers name that includes identification of the identity theft, the agency shall block information contained in the consumers file that resulted from the identity theft. 

XXXX failure to block this account after receiving both a police report and an FTC Identity Theft Affidavit is not only negligent but also a willful violation of the FCRA. 

Questionable XXXX Practices Experians claim to have investigated my dispute without providing any supporting details is both evasive and unacceptable. Experians so-called investigation can not supersede the findings of XXXX and XXXX, XXXX can it ignore a legally filed police investigation and an FTC report XXXX my identity theft. Suggesting that Experians internal review is of greater validity than investigations by law enforcement and federal agencies is dismissive of established law and due process. 

Your investigation results do not negate the police report and the conclusions of XXXX and XXXX, who recognized this account as fraudulent and removed it from their records. XXXX refusal to align with these findings is causing me harm and directly conflicts with its obligations under the FCRA. 

Demands for XXXX XXXX Given the facts presented, I demand that Experian immediately : XXXX. Remove the fraudulent XXXX XXXX XXXX account ( Account XXXX : XXXX ) from my credit report without further delay. 
XXXX. XXXX XXXX XXXX XXXX to cease all reporting of this fraudulent account across all credit bureaus. 
XXXX. Provide written confirmation of this accounts removal within 30 days, in accordance with XXXX XXXX. XXXX ( a ) ( XXXX ). 
XXXX. Correct any additional inaccuracies on my credit report that XXXX have resulted from this identity theft. 

Consequences of Continued Non-Compliance If Experian fails to act on this dispute according to legal requirements, I am prepared to escalate this matter further. I will : File a complaint with the Consumer Financial Protection Bureau ( CFPB ) and the California Attorney Generals Office. 
Pursue legal remedies for damages arising from XXXX negligence, including punitive damages for the intentional disregard of my rights under federal and state laws. 
Take all necessary legal action to hold Experian accountable for the harm caused by this inaccurate reporting. 

Enclosures I am including the following documentation as evidence to support my dispute and to demonstrate my compliance with every necessary legal requirement : XXXX Police Department Identity Theft Report ( Report No. XXXX ) FTC Identity Theft Affidavit Correspondence with XXXX XXXX XXXX Conclusion The ongoing failure of Experian and XXXX XXXX XXXX to remove this fraudulent account is causing significant financial and personal harm. Experian must meet its legal obligations under the FCRA and California law by removing this fraudulent account from my credit report. Your prompt compliance is expected and legally required. 

Thank you for your immediate attention to this matter. 

Sincerely, XXXX XXXX XXXX XXXX : XXXX XXXX : XXXX Enclosures : XXXX Police Department Identity Theft Report FTC Identity Theft Affidavit Correspondence with Kikoff Lending LLC CC : XXXX XXXX XXXX Consumer Financial Protection Bureau XXXX CFPB ) California Attorney Generals Office To Kickoff Subject : Response to Kikoffs Reply Regarding CFPB Complaint Dear [ XXXX Representative XXXX XXXX, Thank you for your response. However, I must reiterate that this account was fraudulently opened in my name, and I did not authorize or create this account. The credit journey you describe is irrelevant to me, as I am not the individual who agreed to any terms or conditions with XXXX on XX/XX/XXXX, nor did I ever request this account or any financial obligation associated with it. 

In response to your points : XXXX. Identity Theft and Lack of Authorization : I have provided multiple documents confirming that this account is fraudulent, including an Identity Theft Report filed with the XXXX Police Department and an FTC Identity Theft Affidavit. These official documents explicitly state that my identity was stolen and used to open this account without my knowledge or consent. 
XXXX. No Wet Signature : You mention that your agreements are electronic and that wet signatures are unavailable. However, the absence of my signature or any form of consent further supports my claim that this account was created fraudulently. The use of electronic acceptance is not sufficient to prove that I, XXXX XXXX XXXX, personally authorized this account. 
XXXX. Previous Complaints : I have reviewed the documents provided in your previous complaint responses. However, none of these responses have addressed the lack of valid proof connecting this account to me. Referencing company policies, terms and conditions, or the grace period is irrelevant because I am not responsible for this account. Additionally, this response fails to provide any documentation with my name or signature, nor does it disprove the identity theft claim. 
XXXX. XXXX and TransUnions Decisions : Both XXXX and XXXX reviewed this account, recognized the fraudulent nature of the activity, and removed it from my credit report. I urge XXXX and Experian to respect these findings, as they support my claims of identity theft and my right to have this account removed. 
XXXX. Request for XXXX Account Removal : I am again formally demanding that this account be deleted from my credit file with all reporting agencies due to its fraudulent nature. If XXXX refuses to comply, I will have no choice but to escalate this matter further, including filing additional complaints with the Consumer Financial Protection Bureau, the California Attorney XXXX XXXX, and seeking legal action to address the harm caused by your refusal to address this identity theft claim. 

Please understand that this is a serious matter impacting my financial health and credit reputation. I am prepared to take all necessary legal and regulatory steps to ensure that this fraudulent account is removed from my credit file. 

Thank you for your immediate attention to this matter. 

Sincerely, XXXX XXXX XXXX