Consumer complaint received 2024-02-14
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC. (PA)

I called XXXX XXXX to report that they had reported false information to my credit report about a car loan that was not mine and that i am a victim of identity theft. I also emailed XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and reported to her that i had obtained my credit report from Transunion and that there was false and erroneous derogatory information and debt in the amount of {$7700.00} reported by them and provided supporting documents as she requested as well as photo copies of my identification. she emailed me back that she would call me the next day after review of the supporting documents but never did. After no response or response to my writing ; on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Formal Dispute/ Request for Removal of Fraudulent Transaction Information Made pursuant to Section 609 ( e ) of the Fair Credit Reporting Act ( 15 U.S.C . 1681 ( g ) ) '' XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXvia email XXXX U.S. Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX  via U.S. Mail U.S. Federal Trade Commision XXXX XXXX XXXX XXXX 

XXXXXXXX XXXX XXXX XXXX XXXX via U.S. Mail XXXX XXXX As I have already reported to you via telephone and email, I attempted in good faith to resolve the matter of your false and erroneous negative report to Transunion and provided you with everything you requested as proof of my identity theft. it is against federal law to knowingly report false information to consumer credit reporting agencies and the FCRA makes you civilly liable. As I am a verified victim of identity theft with the Federal Trade Commision I am now formally requesting immediate removal of the fraudulent derogatory tradeline you have reported to transunion in the amount of {$5400.00}. 

Pursuant to federal law, I am requesting that you provide me and/or the listed Law Enforcement Designee, at no charge, copies of the transaction details and business records in your control relating to the fraudulent transactions. A copy of the relevant federal law is enclosed.

My Law Enforcement Designee is The U.S. Federal Trade Commision XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX In addition and Pursuant to the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., Specifically 15 U.S.C. 1681 ( g ) I am demanding that you provide me and my law enforcement designee with hard copies of any and all documents, signed contracts and agreements used to verify and substantiate this derogatory dept / tradeline as reported to the consumer credit reporting agency known as Transunion, specifically ; signed authorization to disclose credit report, signed vehicle delivery and condition report, signed loan application, signed retail installment contracts and purchase agreements and copies of identification documents, ie : Drivers License, social security card etc. used to and as proof of identity at the time profered loan application, signed Application records or screen prints of Internet/phone applications, all records of phone numbers used to secure the account or used to access the account. 

If you do not have and provide me with the above referenced documentation within 30 days of receipt of this letter { by XX/XX/XXXX }, pursuant to 611 ( a ) ( 5 ) ( a ) ( i ), YOU MUST REMOVE THE FALSE ITEM FROM MY CREDIT REPORT FORTHWITH and provide me with a letter noting same. 
In knowingly reporting false information on my credit report and and therefore distributing same to 3rd parties, you have irreparably damaged my personal reputation and credit worthiness making you ; ( XXXX XXXX will be named a defendant ) civilly liable as i will seek punitive and compensatory damages Please email the referenced documents information and materials to me at XXXX, and via U.S. mail to the U.S. Federal Trade Commision ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX  who is investigating this case. 

I am enclosing a copy of sections 609 ( e ), 605B, 615 ( f ) and 623 ( a ) ( 6 ) of the Fair Credit Reporting Act ( FCRA ), which detail your responsibilities as an information furnisher to consumer reporting agencies in response to the Identity Theft Report I am providing. These enclosures also detail your responsibilities that apply in the event you receive from a consumer reporting agency notice under section 605B of the FCRA that information you provided to is the result of identity theft. 

Respectfully submitted XXXX XXXX Enclosures : Identity Theft Report FCRA Sections 609 ( e ) ,605B, 615 ( f ), 623 ( a ) ( 6 ) ENCLOSURE : FCRA 609 ( e ) ( 15 U.S.C . 1681g ( e ) ) Disclosures to Consumers Information Available to Victims ( e ) Information available to victims ( 1 ) In general For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to -- ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.

( 2 ) Verification of identity and claim Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity -- ( A ) as proof of positive identification of the victim, at the election of the business entity -- ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victim 's request for information, including any documentation described in clauses ( XXXX ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity -- ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed -- ( I ) copy of a standardized affidavit of identity theft developed and made available by the Commission ; or ( II ) an [ FN1 ] [ FN1 ] affidavit of fact that is acceptable to the business entity for that purpose.

( 3 ) Procedures The request of a victim under paragraph ( 1 ) shall -- ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including -- ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number. 

( 4 ) No charge to victim Information required to be provided under paragraph ( 1 ) shall be so provided without charge.

( 5 ) Authority to decline to provide information A business entity may decline to provide information under paragraph ( 1 ) if, in the exercise of good faith, the business entity determines that -- ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( 2 ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a person 's visit to a website or online service.

( 6 ) Limitation on liability Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection.

( 7 ) Limitation on civil liability No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.

( 8 ) No new recordkeeping obligation Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.

( 9 ) Rule of construction ( A ) In general No provision of subtitle A of title V of Public Law 106-102, prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection. 

( B ) Limitation Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( 1 ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law.

( 10 ) Affirmative defense In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that -- ( A ) the business entity has made a reasonably diligent search of its available business records; and ( B ) the records requested under this subsection do not exist or are not reasonably available. 

( 11 ) Definition of victim For purposes of this subsection, the term " victim '' means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime.

( 12 ) Effective date This subsection shall become effective 180 days after XX/XX/XXXX. 

( 13 ) Effectiveness study Not later than 18 months after XX/XX/XXXX, the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.

ENCLOSURE : FCRA 605B ( 15 U.S.C. 1681c-2 ) Block of Information Resulting from Identity Theft ( 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 Commission 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 title.

ENCLOSURE : FCRA 615 ( f ) ( 15 U.S.C. 1681m ( f ) ) Requirements on Users of Consumer Reports Prohibition on Sale or Transfer of Debt Caused by Identity Theft ( f ) Prohibition on sale or transfer of debt caused by identity theft ( 1 ) In general No person shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 1681c-2 of this title has resulted from identity theft. 

( 2 ) Applicability The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ).

( 3 ) Rule of construction Nothing in this subsection shall be construed to prohibit -- ( A ) the repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity. 

ENCLOSURE : FCRA 623 ( a ) ( 6 ) ( 15 U.S.C. 1681s-2 ( a ) ( 6 ) ) Responsibilities of Furnishers of Information to Consumer Reporting Agencies Duties of Furnishers upon Notice of Identity Theft-Related Information ( 6 ) Duties of furnishers upon notice of identity theft-related information ( A ) Reasonable procedures A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c-2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information.

( B ) Information alleged to result from identity theft If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct. 

XXXX  to date ; XX/XX/XXXX, no resolution has been forthcoming from the XXXX XXXX XXXX XXXX XXXX