Consumer complaint received 2024-10-22
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: Kikoff Inc. (CA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX SSN : XXXX DOB : XXXX Phone Number : XXXX Kikoff Lending LLC Compliance Department Subject : Formal Demand for Immediate Deletion of Fraudulent Account ( Account Number : XXXX ) Under FCRA Section 605B and California Identity Theft Laws Complaint XXXX Notice of Intent to Pursue Legal Action for Non-Compliance with FCRA, FDCPA , and California Penal Code 530.5 To Whom It May Concern, This letter serves as a final formal demand for the immediate deletion of the fraudulent account referenced above from all credit reporting agencies, including XXXX, XXXX , and XXXX. Despite my previous complaints and the substantial legal evidence provided, including an Identity Theft Report from the XXXX Police Department and an FTC Identity Theft Affidavit, you have failed to comply with your obligations under federal and state law. Your refusal to act constitutes violations of the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), and Californias Penal Code 530.5. 

1. Failure to Comply with FCRA Section 605B Under FCRA Section 605B ( 15 U.S.C. 1681c-2 ), you are legally obligated to block and remove fraudulent accounts from my credit report once I provide proof of identity theft, which I have done through the submission of both a police report and an FTC affidavit . Your failure to delete this account within the 30-day period stipulated by law is a direct violation of the FCRA. Be advised that I am entitled to pursue statutory damages of up to {$1000.00} per violation, along with attorneys fees and court costs under 15 U.S.C. 1681n for willful non-compliance or 15 U.S.C. 1681o for negligent non-compliance. 

2. Violation of California Identity Theft Laws Penal Code 530.5 California law mandates strict penalties for identity theft. Under Penal Code 530.5, continuing to report an account that has been identified as fraudulent constitutes the ongoing commission of a crime. By failing to act, you are participating in the furtherance of criminal identity theft. Should this matter be escalated, I will seek the involvement of Californias Office of the Attorney General for criminal prosecution under this statute. Additionally, I will file a civil lawsuit under California Civil Code 1798.93, which entitles victims of identity theft to civil remedies, including damages, injunctive relief, and attorneys fees. 

3. Inadequate Investigation in Violation of FCRA Section 611 Your response to my dispute lacks the thorough investigation required under FCRA Section 611 ( 15 U.S.C. 1681i ). A cursory comparison of my personal data does not constitute an investigation. I am requesting a forensic audit of this account, including : IP addresses associated with the accounts creation and subsequent access. 
Device identifiers and geolocation data. 
Detailed logs of all account activity. 

Failure to provide this level of detailed evidence implies you did not conduct a reasonable investigation, as required by law, which may result in further penalties under 15 U.S.C. 1681i ( c ). 

4. Failure to Provide Evidence of a Valid Contract You claim that your company does not use wet signatures for loan agreements. However, under the Electronic Signatures in Global and National Commerce Act ( E-Sign Act, 15 U.S.C. 7001 ), you are required to provide incontrovertible proof that I authorized this transaction through a valid electronic signature. A simple match of my personal data is not sufficient ; I demand verifiable proof of my affirmative consent, which must include : Detailed logs of the IP address and geolocation where this agreement was electronically signed. 
Confirmation that I was clearly notified of my rights to receive a paper copy of the contract, as required by the E-Sign Act. 

Absent this proof, any claims of consent are legally baseless. 

Challenge to Verification Process You claim that the verification process used during the account opening on XX/XX/XXXX, matched my personal information. However, this superficial match of data ( name, DOB, SSN ) does not constitute valid proof that I opened or authorized the account. I demand that you provide detailed forensic evidence, including : IP addresses used during account creation and access. 
Geolocation data. 
Device type and device ID records for all account interactions. 

Without this level of forensic detail, your investigation is inadequate and does not meet the standards of identity theft investigations under federal or state law. 

2. Failure to Remove Account Despite Legal Evidence I have submitted both an Identity Theft Report from the XXXX Police Department ( Report Number : XXXX ) and an FTC Identity Theft Affidavit. Under FCRA Section 605B ( 15 U.S.C. 1681c-2 ), you are required by law to block or remove fraudulent information from my credit report upon receiving such documentation. Your refusal to do so is a direct violation of federal law. 

Californias Penal Code 530.5 further emphasizes the criminal nature of identity theft and requires immediate corrective action. By continuing to report this account, you are in violation of both federal and state law. 

3. No UCC-11 Filing or Financial Transaction Record I conducted a UCC-11 search , which shows no record of any financial transaction or agreement between myself and Kikoff. Therefore, there is no legal or financial obligation on my part. The absence of any transaction records indicates that you are unlawfully pursuing a debt that does not exist. 

4. Inadequate Reliance on Electronic Signatures Your reliance on electronic signatures without providing proof of my specific consent ( such as IP addresses, device details, and geolocation logs ) is insufficient. If this account was fraudulently opened using stolen information, any electronic signature is invalid. You are required to provide clear, admissible proof that I authorized this transaction. Failure to do so supports my claim that the account is fraudulent. 

5. Violation of the Fair Debt Collection Practices Act ( FDCPA ) Your continued pursuit of this fraudulent debt, despite my submission of legally sufficient evidence of identity theft, constitutes a violation of the Fair Debt Collection Practices Act ( FDCPA ). You are engaging in deceptive collection practices by refusing to remove this account from my credit report. 

5. Violation of the FDCPA for Pursuing Fraudulent Debt By continuing to pursue this debt despite your knowledge of my identity theft, you are in direct violation of the Fair Debt Collection Practices Act ( FDCPA ). Specifically : 15 U.S.C. 1692d prohibits any form of harassment, including the continued reporting of fraudulent debts. 
15 U.S.C. 1692e prohibits the use of any false or deceptive means to collect a debt or obtain information about a consumer. 
15 U.S.C. 1692f prohibits unfair practices, which includes attempting to collect an unauthorized or invalid debt. 

You have violated these provisions by refusing to remove this account, despite clear evidence of identity theft, and by engaging in deceptive practices. For these violations, I will seek statutory damages, actual damages, and punitive damages in accordance with 15 U.S.C. 1692k. 

6. Legal Consequences of Continued Non-Compliance If you do not delete this fraudulent account and cease all collection efforts within 15 days, I will have no choice but to pursue legal remedies. This will include : 1. Filing formal complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the California Attorney General. 
2. Initiating a civil lawsuit under the FCRA, FDCPA, and California state laws. 
3. Seeking punitive damages for willful non-compliance with federal and state law. 
4. Pursuing criminal penalties under Californias Penal Code 530.5 for your ongoing facilitation of identity theft. 

7. Account Information Under Dispute Account Name : KIKOFF LENDING LLC Account Number : XXXX Account Type : Charge Card Responsibility : Individual Date Opened : XX/XX/XXXX Status : Charged off ; {$320.00} written off ; {$120.00} past due as of XX/XX/XXXX. 
Balance : {$320.00} Balance Updated : XX/XX/XXXX Credit Limit : {$2500.00} Highest Balance : {$320.00} Payment History : Charge Off as of XX/XX/XXXX ; 150 days past due as of XX/XX/XXXX ; 120 days past due as of XX/XX/XXXX ; 90 days past due as of XX/XX/XXXX ; 60 days past due as of XX/XX/XXXX ; 30 days past due as of XX/XX/XXXX. 

8. Final Demand I demand that you : Immediately delete the fraudulent account from all credit reporting agencies ( XXXX, XXXX, and XXXX ). 
Cease all collection efforts associated with this fraudulent account. 
Provide written confirmation within 15 days that this account has been removed, as required under 15 U.S.C. 1681i ( a ) ( 6 ). 

Failure to meet these demands will result in legal action. Please be advised that all future communications will be directed through my attorney. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX Phone Number : XXXX