Consumer complaint received 2024-09-13
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Kikoff Inc. (CA)

This is kickoff response We have reviewed the application process and also considered any new information provided in your recent correspondence with us. Unfortunately based on this latest internal investigation of the account verification and approval process, there is insufficient evidence to support a fraudulent claim or removal of this tradeline. To be approved for a Kikoff loan/credit account, an applicants identity/personal information must be verified, including name, DOB, address, and SSN. In the case of this account, we have once again reviewed and reconfirmed the verification process of the information provided during account signup, all of which matched. 

We do sympathize with your situation and would take action if the evidence indicated a different result, but we are also responsible to report accurate information- which in this case does appear to be accurate. If you would like for us to close the account, please reply to confirm. 

WHAT IS THE DEFINITION OF IDENTITY THEFT **Identity theft** occurs when someone wrongfully obtains and uses another person 's personal informationsuch as their name, Social Security number, credit card number, or other identifying detailswithout permission, typically for financial gain or to commit fraud. The thief impersonates the victim to open accounts, make purchases, or engage in other fraudulent activities, often causing significant harm to the victims credit and financial standing. Identity theft is a crime, and its impact can extend to legal, financial, and personal reputation damage for the victim. 


Subject : Re : Investigation Conclusion and Account Closure Request Dear Kikoff Lending LLC Team, Thank you for your response. However, I would like to highlight an important point that your investigation seems to overlook : when someone steals another persons identity, they often possess all of that individuals personal information, including name, date of birth, SSN, and address. Therefore, the fact that this information matched during the application process does not conclusively prove that I opened this account. 

As Ive already provided both a police report and an FTC identity theft affidavit, I must stress that under Section 605B of the Fair Credit Reporting Act ( FCRA ), you are required to block this fraudulent tradeline from appearing on my credit report. Your responsibility is to prevent further harm from identity theft, not simply to confirm that my personal information was used.

To ensure transparency, I request a detailed explanation of : The exact methods used to verify the identity of the individual who opened the account.

Any supporting documentation ( such as IP addresses or device information ) tied to the application process. 

Once again, I demand the immediate removal of this tradeline from my credit report. If no corrective action is taken, I will not hesitate to escalate this matter to the Consumer Financial Protection Bureau ( CFPB ) and other relevant authorities. 

Please respond within 15 days. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/year> Heres a letter that outlines Kikoffs contradictory response, highlights how their actions are legally negligent, and reinforces your claim of identity theft. It also emphasizes your submission of both the FTC identity theft report and the police report. 

-- - **Subject : Re : Investigation Conclusion and Failure to Comply with FCRA Obligations** Dear Kikoff Lending LLC Team, I am writing to express my deep concern with your recent response regarding the fraudulent account opened in my name. Your explanation is contradictory and demonstrates a fundamental misunderstanding of the nature of identity theft, as well as your legal obligations under the Fair Credit Reporting Act ( FCRA ). 

In your response, you confirm that the applicant 's identity was verified using my personal information, including my name, date of birth, address, and Social Security number. This verification process, however, is irrelevant to the fact that XXXXidentity theft** involves the use of the victims personal information to fraudulently open accounts. As such, your assertion that the verification process matched my details does not invalidate my claimit reinforces that someone used my stolen identity to open this account.

To clarify, **identity theft** occurs when someone uses another persons personal information without permission to commit fraud. That is precisely what happened here. I have already provided both an FTC Identity Theft Report and a police report, which, according to the FCRA Section 605B, obligates you to remove this fraudulent tradeline from my credit report. Yet, despite this clear legal obligation, you continue to report the account, effectively ignoring the evidence provided. 

By failing to take appropriate action, Kikoff is not only violating the FCRA but also exhibiting gross negligence. The FTC Identity Theft Report and the police report serve as legal documentation proving that this account was fraudulently opened. Your ongoing reporting of this account, despite being fully aware of its fraudulent nature, raises serious concerns about your compliance with consumer protection laws. 

Furthermore, your refusal to remove this account and your implication that I am responsible for the activity on it is discriminatory. By disregarding the evidence of identity theft and continuing to report the account, you are unfairly damaging my credit standing and exposing me to further harm.

I urge you to reconsider your position immediately. Please remove this fraudulent account from my credit report and provide written confirmation of its removal. If I do not receive a satisfactory resolution within 15 days, I will escalate this matter to the Consumer Financial Protection Bureau ( CFPB ) and seek further legal remedies. 

Thank you for your immediate attention to this matter. 

Sincerely, *XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/year> -FCRA 605B ( 15 U.S.C. 1681c-2 ) ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 
( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block.

( c ) Authority to decline or rescind.

( 1 ) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions. 
( 2 ) Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title.

( 3 ) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block. 
( d ) Exception for resellers. 
( 1 ) No reseller file. This section shall not apply to a consumer reporting agency, if the consumer reporting agency ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft. 
( 2 ) Reseller with file. The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information.

( 3 ) Notice. In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale. 
( e ) Exception for verification companies. The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) of this section, a check services company shall not report to a national consumer reporting agency described in section 1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft. 
( f ) Access to blocked information by law enforcement agencies. No provision of this section shall be construed as requiring a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this subchapter. 


**Subject : Formal Complaint Against Kikoff Lending LLC for FCRA Violations and Negligence in Addressing Identity Theft** To CFPB I am writing to file a formal complaint against Kikoff Lending LLC for their ongoing and deliberate violation of the Fair Credit Reporting Act ( FCRA ) in relation to an account that was fraudulently opened in my name due to identity theft. Despite providing the necessary documentation, including an FTC Identity Theft Report and a police report, Kikoff has refused to remove the fraudulent account from my credit report and continues to report this false information to the credit bureaus. 

XXXX XXXX XXXX Background : I discovered that a fraudulent account had been opened in my name with Kikoff Lending LLC. As the victim of identity theft, I immediately took the proper steps to notify Kikoff of this situation. I submitted both an FTC Identity Theft Report and a police report, as required under FCRA Section 605B, which mandates that furnishers of information must block and remove fraudulent tradelines once proper documentation is provided. 

Despite receiving this documentation, Kikoff has failed to fulfill their legal obligations. Instead of complying with federal law, they conducted an internal investigation and subsequently refused to remove the fraudulent account, citing their " verification '' process as the reason. Their investigation, however, only confirmed that the identity thief used my personal information ( name, SSN, address, and date of birth ), which, by definition, is how identity theft occurs. This response not only disregards the legal documentation I provided but also shows a fundamental misunderstanding of the crime of identity theft. 

# # # Specific Violations : 1. **Failure to Comply with FCRA Section 605B** : Despite my submission of a valid police report and FTC Identity Theft Report, Kikoff continues to report the fraudulent account, in direct violation of the FCRAs requirement to block the reporting of information resulting from identity theft.

2. **Negligence in Addressing Fraud** : Kikoff 's refusal to remove the fraudulent tradeline despite overwhelming evidence demonstrates their negligence and indifference to the harm they are causing to my credit standing.

3. **Ongoing Harm** : As a result of Kikoffs actions, I have suffered continued harm to my credit score and financial reputation. Despite my efforts to resolve this matter, Kikoff has taken no meaningful action to correct their mistakes or comply with federal law.

# # # Requested Resolution : I respectfully request the CFPB investigate Kikoff Lending LLC for their willful violation of federal law, specifically the FCRA, and their failure to address the fraudulent account despite the legal documentation I have provided. I am seeking the immediate removal of this fraudulent account from my credit report and compensation for the damages caused by their negligent reporting. 

Enclosed with this complaint are copies of the FTC Identity Theft Report, police report, and my correspondence with Kikoff Lending LLC.

Thank you for your attention to this serious matter. I look forward to your prompt investigation and resolution of this issue. 

Sincerely, **XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX