Consumer complaint received 2024-10-08
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EdFinancial Services (GA)

This complaint is in regards to the consumer report belonging to XXXX XXXX XXXX XXXX. The account in regards to EDFINANCIAL that is being reported to XXXX XXXX XXXX XXXX consumer report is directly related to identity theft. I have attached an identity theft report, my social security account number, and proof of ID with this complaint as well as a utility bill for my most recent accurate address on file. This is my XXXX complaint regarding this fraudulent account. I have already notified all XXXX credit reporting agencies and EDFINANCIAL on multiple occasions that the account in regards to EDFINANCIAL is not mines it is fraud. EDFINANCIAL is still reporting the fraudulent account and the credit reporting agency XXXX and XXXX are still allowing this information to be furnished when ALL credit reporting agencies was suppose to block the information and delete this fraudulent account from XXXX XXXX XXXX XXXX consumer report pursuant to the FCRA and XXXX. I am demanding that the information regarding the account that is being reported to XXXX XXXX XXXX XXXX consumer report be blocked and deleted from XXXX XXXX XXXX XXXX XXXX report in this notice as well. I have filed an identity theft report along with a personal statement from myself declaring the EDFINANCIAL account to be fraud along with my social security account number and ID. This complaint is notice as well as my personal statement. XXXX of the XXXX credit reporting agencies XXXX has already removed the fraudulent account so I have not included those agencies in this notice. Furthermore I have already notified XXXX, XXXX and EDFINANCIAL that this account is fraud and not mines. I notified all parties of this issue over 3 months ago and the fraudulent account has not been deleted as of yet. In fact a balance have still been reported on XXXX XXXX XXXX XXXX consumer report over the past 3 months since my first initial notice. This balance increases every month due to interest from deferring payment. I did not defer payment nor do I owe any alleged balance on this account. Due to the facts that this account is reporting derogatory remarks to my consumer report my credit score has stayed at either a bad or fair credit rating over the last XXXX XXXX due to this fraudulent account being reported. I have not been able to receive household goods for my family as a result of these fraudulent derogatory remarks being reported to my consumer report. I have been denied access to lines of business credit because I am not able to use my social security account number belonging to XXXX XXXX XXXX XXXX as a personal guarantee in order to establish business credit. The reporting of this account is damaging XXXX XXXX XXXX XXXX reputation as well as causing me great humiliation and pain and suffering from repeated denials and rejections to do business. The reporting of this fraudulent account is damaging my ability to obtain household goods which damages my livelihood and my families, but also my ability to operate in commerce. These derogatory remarks have essentially damaged my livelihood over the past 2 years that this fraudulent account has been reported to my consumer report. I have been denied approval on auto loans which damages my ability to travel. I have been denied approval on housing which damages my ability to have a roof over my head as well as my wife and children. I as well as my wife and children are now homeless and have been placed in a homeless shelter in XXXX, New York as a result of being denied approval on housing. XXXX, XXXX and EDFINANCIAL have damaged my livelihood and my families. EDFINANCIAL, XXXX and XXXX in order to operate in commerce signed agreements and contracts to uphold the UNITED STATES CODES and FCRA. XXXX, XXXX and EDFINANCIAL have violated this contractual agreement, and have broken federal laws. XXXX, EDFINANCIAL and EDFINANCIAL have committed multiple violations of the FCRA. Earlier in this notice I stated that the account in regards to EDFINANCIAL that is being reported to XXXX XXXX XXXX XXXX consumer report is directly related to identity theft. I demanded that this fraudulent account be blocked and deleted/removed from my consumer report due to the fact it is not mines. The FCRA backs up my claims. According to 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent could be considered Identity theft 15 U.S. Code 1681c2 - Block of information resulting from identity theft 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. This clearly states that once I have notified the consumer reporting agencies which are XXXX, XXXX, and XXXX that this account is Identity Theft that the account MUST be removed from my consumer report within 4 DAYS of the receipt of this notice. If XXXX, XXXX, and EDFINANCIAL fail to comply with my demands after this notice all XXXX parties will be civilly liable due to the fact they are both aware that this account is fraudulent because I have already notified them. The FCRA backs up my claims. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person ( a person could be a company/corporation according to the FCRA, and XXXX, XXXX, and EDFINANCIAL are companies ) who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer ( example of a consumer would be XXXX XXXX XXXX XXXX XXXX is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; If I can prove they wilfully violated the act I am entitled to at least XXXX $ per violation plus any other damages I have sustained as a result of their failure to follow the law. I stated earlier in this notice that I was denied approval to auto loans which damages my ability to travel as well as being denied approval on rent and home loans which resulted in me and my family becoming homeless and having to live in a homeless shelter. I have attached proof of residence at this homeless shelter along with this dispute. If I have to file more than XXXX complaint, wilful noncompliance can easily be proven as they had a full understanding of the violations after I complained the XXXX time. Which I complained about this account more than 3 times now. Every company in their agreements with consumers said they would follow the law and agreed to do so.They are aware that they are breaking the law. If for any reason XXXX, XXXX and EDFINANCIAL were not aware both parties would still be liable for any and all damages that happened to me as a result of their negligence according to the FCRA. 15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures.