Consumer complaint received 2024-01-25
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: ACIMA CREDIT, LLC (GA)

Subject : Unauthorized Credit Reporting and Demand for Resolution Reference to Federal, Texas, and XXXX FCRA Identity Theft Fraud Laws Dear ACIMA DIGITAL FKA SIMP, I am writing to address a blatant violation concerning the unauthorized reporting of information to my credit report, as confirmed by the Fair Credit Reporting Act ( FCRA ) under Sections 1681b ( a ) ( 2 ), 1681c ( a ) ( 2 ), and 1681s-2 ( a ), the Texas Finance Code under Sections 392.301 and 392.305, and identity fraud laws, specifically Texas Penal Code Section 32.51 . 

It has unequivocally come to my attention that XXXX XXXX has engaged in unauthorized reporting to my credit report without obtaining my explicit consent. Federal law, as outlined in the FCRA, explicitly mandates that the consent of the consumer is a non-negotiable requirement for such reporting activities under Section 1681b ( a ) ( 2 ). 

In addition to federal law, Texas state law, specifically Section 392.301 of the Texas Finance Code, emphasizes the necessity of consumer consent for credit reporting. Furthermore, Section 392.305 of the Texas Finance Code establishes clear guidelines for the fair reporting of consumer credit information. Simultaneously, identity fraud laws, such as Texas Penal Code Section 32.51, underscore the severity of unauthorized access and misuse of personal information. 

I assert with unwavering certainty that I have not provided consent for XXXX XXXX to report any information to my credit report. This undeniable lack of explicit permission constitutes a blatant violation of my rights, resulting in potential damage to my creditworthiness and an unequivocal disregard for federal and state laws. 

I demand, with the utmost certainty, that ACIMA DIGITAL FKA SIMP immediately ceases any further reporting of information to my credit report without obtaining my explicit consent, as mandated by Section 1681b ( a ) ( 2 ) of the FCRA and Sections 392.301 and 392.305 of the Texas Finance Code. Failure to comply within the stipulated 30-day timeframe will be viewed as willful noncompliance, subject to penalties under applicable laws, including identity fraud laws. 

Importantly, I want to bring to your attention that XXXX FCRA identity theft fraud laws also highlight the seriousness of unauthorized access and misuse of personal information. As such, it is imperative for XXXX XXXX to adhere to the specific provisions of XXXX FCRA in addition to federal and Texas laws. 

I emphasize that obtaining consent is not a discretionary choice but a legal obligation under these specific sections of the FCRA, Texas state law, and identity fraud laws. This is not a negotiation ; it is a demand for compliance with both federal, state, and XXXX regulations, protecting consumers like myself from unauthorized and damaging credit reporting. 

I anticipate your immediate attention to this matter and expect that ACIMA DIGITAL FKA SIMP will promptly rectify these egregious violations, respecting my rights under federal, state, and XXXX laws. 

Done in good faith.