Consumer complaint received 2024-06-22
Product: Credit card — General-purpose credit card or charge card
Issue: Getting a credit card — Application denied
Company: FIRST NATIONAL BANK OF OMAHA (IL)

XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX, IL XXXX XX/XX/year> First National Bank of Omaha XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX  XXXX XXXX RE : Unauthorized Inquiry and Demand for Proof Application ID Number : XXXX Dear XXXX XXXX, I am writing to address the unauthorized inquiry on my credit report by First National Bank of Omaha ( XXXX ). As stated in your letter dated XX/XX/year>, a credit report was obtained in relation to an XXXX XXXX XXXX credit card application. However, I assert that I did not authorize this inquiry, and XXXX must provide explicit proof of my authorization. 

Violation of Fair Credit Reporting Act ( FCRA ) Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681b, you are required to have a permissible purpose for obtaining a consumer report. Furthermore, Section 1681b ( a ) ( 2 ) specifies that consumer credit information can only be obtained with the written authorization of the consumer. 

According to XXXX XXXX XXXX, proof is defined as the establishment or refutation of an alleged fact by evidence. Therefore, XXXX is required to provide such proof demonstrating my authorization for the credit inquiry. 

Demand for Explicit Proof 1. Proof of Authorization : I demand that XXXX provides explicit proof of my authorization for the credit inquiry. This includes any signed application forms or documented evidence demonstrating my consent to the credit inquiry. According to 15 U.S.C. 1681b ( a ) ( 2 ), obtaining a consumer report without the consumers written authorization is a violation of federal law. 
2. Investigation and Resolution : XXXX must conduct a thorough investigation to verify the legitimacy of the credit inquiry. If the inquiry was conducted without my authorization, it must be immediately removed from my credit reports with all consumer reporting agencies, including XXXX and XXXX. 

Violation of Equal Credit Opportunity Act ( ECOA ) In addition to the FCRA violations, XXXX actions may also constitute a violation of the Equal Credit Opportunity Act ( ECOA ), 12 CFR 1002.4 ( a ). According to this regulation : 1002.4 General Rules ( a ) Discrimination. A creditor shall not discriminate against an applicant on a prohibited basis regarding any aspect of a credit transaction.

Official Interpretation of Paragraph 4 ( a ) : 1. Scope of Rule. The general rule stated in 1002.4 ( a ) covers all dealings, without exception, between an applicant and a creditor, whether or not addressed by other provisions of this part. 

By failing to provide the required proof of authorization and improperly obtaining my credit report, XXXX may be engaging in discriminatory practices. Any action taken by XXXX that affects my credit application must be free from discrimination based on race, color, religion, national origin, sex, marital status, or age. Any deviation from these principles violates federal regulations and my rights as a consumer. 

Proposed Resolution To resolve this matter amicably, I propose the following options : 1. Approval of Credit Application : Approve my application for the XXXX XXXX XXXX credit card, thereby providing the credit as originally intended. 
2. Removal of Inquiry : If approval is not feasible, immediately remove the unauthorized inquiry from my credit reports with all consumer reporting agencies. 

Legal Consequences If XXXX fails to provide the requested proof of authorization and does not rectify this matter within ten ( 10 ) business days, I will take the following actions : File a Complaint : I will file a complaint with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ) for violation of my consumer rights under the FCRA and XXXX. 
Legal Action : I will pursue civil action for damages resulting from the unauthorized inquiry, including but not limited to statutory damages, actual damages, and punitive damages as permitted under 15 U.S.C. 1681n and 15 U.S.C. 1681o.

This letter serves as your final notice to comply with all applicable federal laws and regulations. 

Sincerely, XXXX XXXX Agent/Beneficiary Without Prejudice, All Natural Inalienable Rights Reserved Enclosures : Copy of Denial Letter Copy of Previous Correspondence 12 CFR 1002.4 : A creditor cant discriminate against an applicant on a prohibited basis regarding any aspect of a credit transaction.