Consumer complaint received 2024-04-13
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Investigation took more than 30 days
Company: CITIBANK, N.A. (TX)

Summary : I am a victim of identity theft. CBNA ( Citibank , North America ) has been furnishing an account to XXXX, opened by identity theft using my personal information after receiving three direct requests from me to investigate and stop reporting this fraudulent identity theft account to the CRAs, and after receiving requests from XXXX to certify that the information is inaccurate so it can be deleted from my report. 

Violations : 1 ) In violation of 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ), CBNA continued to report the identity theft account as an accurate account opened by me after receiving notice that the information is inaccurate from me on three occassions.

2 ) In violation of 15 U.S.C. 1681s-2 ( a ) ( 6 ) ( B ) CBNA received an identity theft report signed by a police officer with an FTC report attached, certifying that the information is a result of identity theft and is therefor inaccurate, but still continues to furnish inaccurate information. The required documents for proof of claim of identity theft are found in 15 USC 1681g ( e ) ( 2 ) ( B ) and I provided those.

3 ) In violation of 15 USC 1681s-2 ( a ) ( 8 ) ( E ) and 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ) CBNA has failed to respond to my dispute notice to investigate the identity theft- inaccurate account error within 30 days.

4 ) In violation of 15 USC 1681s-2 ( a ) ( 7 ), CBNA failed to provide me the required notice and other disclosures that they will be reporting negative information to my credit report within 30 days of reporting the negative information.

5 ) In violation of 15 USC 1681g ( e ), CBNA has failed to produce the business transaction records, a copy of the application, and other documents I requested in writing after receiving my proof of claim of identity theft within 30 days. If they do not believe that they received an alleged application from me, then they would be required to report that to the credit reporting agencies respectively so that the inaccurate information can be deleted. In order to send me those documents, I must first send the required documents for proof of claim of identity theft as found in 15 USC 1681g ( e ) ( 2 ) ( B ) and I provided those.

6 ) In violation of 12 CFR 1022.42 CBNA is not maintaining reasonable procedures to maintain accuracy of information reported to the CRAs because they have received multiple reports certified from Police Officers, XXXX, Notary, Myself, and Proof of address different than what is on the account at the time of account opening certifying that the account was opened by a perpetrator of id theft without my knowledge or consent ; and they have received a request from me to send the required policy in order to prove identity theft and have failed to respond in 30 days.

7 ) In violation of CBNA made a false representation of ( A ) the character and amount of a debt by continuing to report the debt to the credit reporting agencies after receiving five total notifications and proof of claim of identity including certifications from police officers, XXXX, proof of address at the time of the account opening, and affidavits from me that the account was opened as a result of identity theft. 

XXXX : XX/XX/XXXX : A perpetrator of identity theft opens an account with CBNA on the basis of my personal information without my knowledge or consent committing identity theft. 

XXXX XXXX XXXX  : This perpetrator of identity theft makes disputes with CBNA on the basis of my personal information without my knowledge or consent, committing identity theft. 

XX/XX/XXXX : I sent the first dispute notice ( investigation request ) to XXXX with the required proof of claim of identity theft pursuant to 15 USC 1681g ( e ) ( 2 ) ( B ). 

XX/XX/XXXX : First dispute notice sent directly to CBNA requesting to remove the identity theft account, with the required proof of claim of identity theft pursuant to 15 USC 1681g ( e ) ( 2 ) ( B ) and 15 U.S.C. 1681s-2 ( a ) ( 6 ) ( B ). 

XX/XX/XXXX : XXXX receives the first Dispute Notice signed by return receipt. 

XX/XX/XXXX : CBNA receives first direct dispute notice direct from me w/ signed return receipt. 

XXXX XXXX, XXXX : CBNA fails to carry out reasonable investigation of my direct dispute within 30 days pursuant to 15 USC 1681s-2 ( a ) ( 8 ) ( E ) sending the results directly to me and therefore is required to delete the identity theft account. 

XX/XX/XXXX : CBNA Identity Theft Account was deleted from credit report. 

XX/XX/XXXX : CBNA Identity Theft Account was reinserted because CBNA certified to XXXX ( under a false representation ) that I was not a victim of identity theft even after receiving my proof of claim of identity theft described in 15 USC 1681g ( e ) ( 2 ) ( B ), because they claim that there was a prior dispute filed under my name for the same account not alleging identity theft. ( But this is incorrect because the criminal made the communications with them between XX/XX/XXXX to XX/XX/XXXX on the basis of my information by identity theft ). 

XX/XX/XXXX : XXXX Receives A second dispute notice from me responding to their reinsertion, asserting the list of violations due to providing the required proof of claim of identity theft to delete the account and proof of address at the time of the fraud which does not match the address on the account. 

XX/XX/XXXX : I sent CBNA a third Direct Dispute-Investigation Request in writing, in which I provided additional evidence, and proof I did not provide any correspondences regarding the account before my first correspondence sent XX/XX/XXXX certified by a XXXX XXXX and the FTC as required as proof of claim in 15 USC 1681g ( e ) ( 2 ) ( B ). I also sent a Request for production of certain documents as required in 15 USC 1681g ( e ) which they failed to provide any documents. 

XX/XX/XXXX : CBNA fails to carry out reasonable investigation of my direct dispute within 30 days pursuant to 15 USC 1681s-2 ( a ) ( 8 ) ( E ) sending the results directly to me and is required to delete the identity theft account. This is the third time CBNA failed to carry out a reasonable investigation of identity theft within 30 days.

The identity theft account information is as follows : 1. ) Inaccurate information reporting to XXXX : Account number : XXXX ; Status : Charged Off ; Balance : {$1800.00} ; Date Opened : XX/XX/XXXX ; Social Security Number : XXXX Narrative : I did not open or authorize this identity theft account and have provided 15 USC 1681g ( e ) ( 2 ) ( B ) proof of claim of identity theft including certification from Police Officers and my certification directly from me, proof of different address at the time of account opening, and certification from the XXXX Affidavit, so it is therefore inaccurate because the information being reported is a known result of identity theft and forgery, yet CBNA still continues not to follow reasonable procedures to remove inaccurate information which is the result of identity theft. I previously notified CBNA that I am a victim of identity theft, and requested that CBNA do the following : 1. Stop reporting the unauthorized account, 2. Remove any charges on the unauthorized account, and 3. Take steps to remove information about this account from my credit files. 4. Provide a statement certifying that this account is the result of identity theft.

CBNA has refused to respond directly to me, but they responded to the dispute notice I sent to XXXX which was forwarded to CBNA, responding by claiming that I am not eligible to dispute the inaccurate information resulting from identity theft because CBNA has received a prior dispute ( from the perpetrator using my personal information without my consent ) and in that dispute, CBNA claims there was no mention of identity theft and for this reason, they can not delete this inaccurate information concerning identity theft. But I am here to certify again that their assertion is incorrect because my first dispute about this inaccurate information was sent on XX/XX/XXXX to XXXX ( then forwarded to CBNA ) as shown by the attached certified mail and return receipt. Any dispute initiated between XX/XX/XXXX and XX/XX/XXXX was a forgery done by the perpetrator of identity theft on the basis of my personal information without my knowledge or consent. I have now provided additional certification regarding any communication between XX/XX/XXXX and XX/XX/XXXX that I did not contact them or any credit reporting agency regarding the account as certified by my updated 15 USC 1681g ( e ) ( 2 ) ( B ) proof of claim, which certifies that I am a victim of identity theft and did not consent to or have any knowledge of any disputes between XX/XX/XXXX and XX/XX/XXXX. I have attached the required proof of claim of identity theft 15 USC 1681g ( e ) ( 2 ) ( B ) with my sworn statements signed by myself, a police officer, the XXXX affidavit, and the police report. These all certify that a perpetrator of identity theft opened the account, forged my signature, and sent any disputes or communications to the credit reporting agencies between XX/XX/XXXX and XX/XX/XXXX without my consent or knowledge. And that my first dispute sent regarding the account was the one received by XXXX on XXXX XXXX XXXX. 

I have asked CBNA to please take steps to remove the information about this account from my credit files, stop reporting this fraudulent information, investigate this matter, and delete any disputed items as soon as possible, and to please send me a letter explaining your findings and actions. But I have not received a written response from them in over 30 days, which is a violation of 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ) and 15 USC 1681s-2 ( a ) ( 8 ) ( E ).