Consumer complaint received 2024-05-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Early Warning Services, LLC (NY)

my name is XXXX XXXX XXXX today date is XX/XX/year> SS # XXXX XXXX XXXX i have seen fruad bank account checking ang saving and fraud inquiries in my consumer report from early warning under the " FAIR CARES ACT '' law anything i claim as fraud as iam a federally protected consumer all fraud account should be removed with in  4 days of my date my claim of identity theft .. i will list fraud bank accounts and inquiries below MY CONSUMER ID : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  5 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies U.S. Code Notes prev | next ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.

( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.

( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.

Federal Code Provision for Bank Fraud 18 U.S.C. 1344 states that anyone who knowingly executes a scheme in order to defraud a financial institution to obtain money or property from a financial institution using fraudulent representations 15 U.S. Code 1681c1 - Identity theft prevention ; fraud alerts and XXXX XXXX alerts U.S. Code ( a ) One-call fraud alerts ( 1 ) Initial alerts Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, who asserts in good faith a suspicion that the consumer has been or is about to become a victim of fraud or related crime, including identity theft, a consumer reporting agency described in section 1681a ( p ) of this title that maintains a file on the consumer and has received appropriate proof of the identity of the requester shall ( A ) include a fraud alert in the file of that consumer, and also provide that alert along with any credit score generated in using that file, for a period of not less than 1 year, beginning on the date of such request, unless the consumer or such representative requests that such fraud alert be removed before the end of such period, and the agency has received appropriate proof of the identity of the requester for such purpose ; and ( B ) refer the information regarding the fraud alert under this paragraph to each of the other consumer reporting agencies described in section 1681a ( p ) of this title, in accordance with procedures developed under section 1681s ( f ) of this title.

( 2 ) Access to free reports In any case in which a consumer reporting agency includes a fraud alert in the file of a consumer pursuant to this subsection, the consumer reporting agency shall ( A ) disclose to the consumer that the consumer may request a free copy of the file of the consumer pursuant to section 1681j ( d ) of this title ; and ( B ) provide to the consumer all disclosures required to be made under section 1681g of this title, without charge to the consumer, not later than XXXX business days after any request described in subparagraph ( A ).

( b ) Extended alerts ( 1 ) In general Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, who submits an identity theft report to a consumer reporting agency described in section 1681a ( p ) of this title that maintains a file on the consumer, if the agency has received appropriate proof of the identity of the requester, the agency shall ( A ) include a fraud alert in the file of that consumer, and also provide that alert along with any credit score generated in using that file, during the XXXX period beginning on the date of such request, unless the consumer or such representative requests that such fraud alert be removed before the end of such period and the agency has received appropriate proof of the identity of the requester for such purpose ; ( B ) during the XXXX period beginning on the date of such request, exclude the consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, unless the consumer or such representative requests that such exclusion be rescinded before the end of such period ; and ( C ) refer the information regarding the extended fraud alert under this paragraph to each of the other consumer reporting agencies described in section 1681a ( p ) of this title, in accordance with procedures developed under section 1681s ( f ) of this title.

( 2 ) Access to free reports In any case in which a consumer reporting agency includes a fraud alert in the file of a consumer pursuant to this subsection, the consumer reporting agency shall ( A ) disclose to the consumer that the consumer may request XXXX free copies of the file of the consumer pursuant to section 1681j ( d ) of this title during the XXXX period beginning on the date on which the fraud alert was included in the file ; and ( B ) provide to the consumer all disclosures required to be made under section 1681g of this title, without charge to the consumer, not later than XXXX business days after any request described in subparagraph ( A ). 

( c ) XXXX XXXX alerts Upon the direct request of an XXXX XXXX military consumer, or an individual acting on behalf of or as a personal representative of an XXXX XXXX military consumer, a consumer reporting agency described in section 1681a ( p ) of this title that maintains a file on the XXXX XXXX military consumer and has received appropriate proof of the identity of the requester shall ( 1 ) include an XXXX XXXX alert in the file of that XXXX XXXX military consumer, and also provide that alert along with any credit score generated in using that file, during a period of not less than XXXX months, or such longer period as the Bureau shall determine, by regulation, beginning on the date of the request, unless the XXXX XXXX military consumer or such representative requests that such fraud alert be removed before the end of such period, and the agency has received appropriate proof of the identity of the requester for such purpose ; ( XXXX ) during the XXXX period beginning on the date of such request, exclude the XXXX XXXX military consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, unless the consumer requests that such exclusion be rescinded before the end of such period; and ( XXXX ) refer the information regarding the XXXX XXXX alert to each of the other consumer reporting agencies described in section 1681a ( p ) of this title, in accordance with procedures developed under section 1681s ( f ) of this title.

( d ) Procedures Each consumer reporting agency described in section 1681a ( p ) of this title shall establish policies and procedures to comply with this section, including procedures that inform consumers of the availability of initial, extended, and XXXX XXXX alerts and procedures that allow consumers and XXXX XXXX military consumers to request initial, extended, or XXXX XXXX alerts ( as applicable ) in a simple and easy manner, including by telephone. 

( e ) Referrals of alerts Each consumer reporting agency described in section 1681a ( p ) of this title that receives a referral of a fraud alert or XXXX XXXX alert from another consumer reporting agency pursuant to this section shall, as though the agency received the request from the consumer directly, follow the procedures required under ( 1 ) paragraphs ( 1 ) ( A ) and ( 2 ) of subsection ( a ), in the case of a referral under subsection ( a ) ( 1 ) ( B ) ; ( 2 ) paragraphs ( 1 ) ( A ), ( 1 ) ( B ), and ( 2 ) of subsection ( b ), in the case of a referral under subsection ( b ) ( 1 ) ( C ) ; and ( 3 ) paragraphs ( 1 ) and ( 2 ) of subsection ( c ), in the case of a referral under subsection ( c ) ( 3 ).

( f ) Duty of reseller to reconvey alert A reseller shall include in its report any fraud alert or XXXX XXXX alert placed in the file of a consumer pursuant to this section by another consumer reporting agency. 

( g ) Duty of other consumer reporting agencies to provide contact information If a consumer contacts any consumer reporting agency that is not described in section 1681a ( p ) of this title to communicate a suspicion that the consumer has been or is about to become a victim of fraud or related crime, including identity theft, the agency shall provide information to the consumer on how to contact the Bureau and the consumer reporting agencies described in section 1681a ( p ) of this title to obtain more detailed information and request alerts under this section.

( h ) Limitations on use of information for credit extensions ( 1 ) Requirements for initial and XXXX XXXX alerts ( A ) Notification Each initial fraud alert and XXXX XXXX alert under this section shall include information that notifies all prospective users of a consumer report on the consumer to which the alert relates that the consumer does not authorize the establishment of any new credit plan or extension of credit, other than under an open-end credit plan ( as defined in section 1602 ( i ) [ 1 ] of this title ), in the name of the consumer, or issuance of an additional card on an existing credit account requested by a consumer, or any increase in credit limit on an existing credit account requested by a consumer, except in accordance with subparagraph ( B ).

( B ) Limitation on users ( i ) In general No prospective user of a consumer report that includes an initial fraud alert or an XXXX XXXX alert in accordance with this section may establish a new credit plan or extension of credit, other than under an open-end credit plan ( as defined in section 1602 ( i ) 1 of this title ), in the name of the consumer, or issue an additional card on an existing credit account requested by a consumer, or grant any increase in credit limit on an existing credit account requested by a consumer, unless the user utilizes reasonable policies and procedures to form a reasonable belief that the user knows the identity of the person making the request.

( ii ) Verification If a consumer requesting the alert has specified a telephone number to be used for identity verification purposes, before authorizing any new credit plan or extension described in clause ( i ) in the name of such consumer, a user of such consumer report shall contact the consumer using that telephone number or take reasonable steps to verify the consumers identity and confirm that the application for a new credit plan is not the result of identity theft.

( 2 ) Requirements for extended alerts ( A ) Notification Each extended alert under this section shall include information that provides all prospective users of a consumer report relating to a consumer with ( i ) notification that the consumer does not authorize the establishment of any new credit plan or extension of credit described in clause ( i ), other than under an open-end credit plan ( as defined in section 1602 ( i ) 1 of this title ), in the name of the consumer, or issuance of an additional card on an existing credit account requested by a consumer, or any increase in credit limit on an existing credit account requested by a consumer, except in accordance with subparagraph ( B ) ; and ( ii ) a telephone number or other reasonable contact method designated by the consumer.

( B ) Limitation on users No prospective user of a consumer report or of a credit score generated using the information in the file of a consumer that includes an extended fraud alert in accordance with this section may establish a new credit plan or extension of credit, other than under an open-end credit plan ( as defined in section 1602 ( i ) 1 of this title ), in the name of the consumer, or issue an additional card on an existing credit account requested by a consumer, or any increase in credit limit on an existing credit account requested by a consumer, unless the user contacts the consumer in person or using the contact method described in subparagraph ( A ) ( ii ) to confirm that the application for a new credit plan or increase in credit limit, or request for an additional card is not the result of identity theft.

( i ) National security freeze ( 1 ) Definitions For purposes of this subsection : ( A ) The term consumer reporting agency means a consumer reporting agency described in section 1681a ( p ) of this title.

( B ) The term proper identification has the meaning of such term as used under section 1681h of this title.

( C ) The term security freeze means a restriction that prohibits a consumer reporting agency from disclosing the contents of a consumer report that is subject to such security freeze to any person requesting the consumer report.

( 2 ) Placement of security freeze ( A ) In general Upon receiving a direct request from a consumer that a consumer reporting agency place a security freeze, and upon receiving proper identification from the consumer, the consumer reporting agency shall, free of charge, place the security freeze not later than ( i ) in the case of a request that is by toll-free telephone or secure electronic means, 1 business day after receiving the request directly from the consumer; or ( ii ) in the case of a request that is by mail, 3 business days after receiving the request directly from the consumer.

( B ) Confirmation and additional information Not later than 5 business days after placing a security freeze under subparagraph ( A ), a consumer reporting agency shall ( i ) send confirmation of the placement to the consumer ; and ( ii ) inform the consumer of ( I ) the process by which the consumer may remove the security freeze, including a mechanism to authenticate the consumer ; and ( II ) the consumers right described in section 1681m ( d ) ( 1 ) ( D ) of this title.

( C ) Notice to third parties A consumer reporting agency may advise a third party that a security freeze has been placed with respect to a consumer under subparagraph ( A ).

( 3 ) Removal of security freeze ( A ) In general A consumer reporting agency shall remove a security freeze placed on the consumer report of a consumer only in the following cases : ( i ) Upon the direct request of the consumer.

( ii ) The security freeze was placed due to a material misrepresentation of fact by the consumer.

( B ) Notice if removal not by request If a consumer reporting agency removes a security freeze under subparagraph ( A ) ( ii ), the consumer reporting agency shall notify the consumer in writing prior to removing the security freeze.

( C ) Removal of security freeze by consumer request Except as provided in subparagraph ( A ) ( ii ), a security freeze shall remain in place until the consumer directly requests that the security freeze be removed. Upon receiving a direct request from a consumer that a consumer reporting agency remove a security freeze, and upon receiving proper identification from the consumer, the consumer reporting agency shall, free of charge, remove the security freeze not later than ( i ) in the case of a request that is by toll-free telephone or secure electronic means, 1 hour after receiving the request for removal ; or ( ii ) in the case of a request that is by mail, 3 business days after receiving the request for removal.

( D ) Third-party requests If a third party requests access to a consumer report of a consumer with respect to which a security freeze is in effect, where such request is in connection with an application for credit, and the consumer does not allow such consumer report to be accessed, the third party may treat the application as incomplete.

( E ) Temporary removal of security freeze Upon receiving a direct request from a consumer under subparagraph ( A ) ( i ), if the consumer requests a temporary removal of a security freeze, the consumer reporting agency shall, in accordance with subparagraph ( C ), remove the security freeze for the period of time specified by the consumer.

( 4 ) Exceptions A security freeze shall not apply to the making of a consumer report for use of the following : ( A ) A person or entity, or a subsidiary, affiliate, or agent of that person or entity, or an assignee of a financial obligation owed by the consumer to that person or entity, or a prospective assignee of a financial obligation owed by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owed for the account, contract, or negotiable instrument. For purposes of this subparagraph, reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.

( B ) Any Federal, State, or local agency, law enforcement agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena.

( C ) A child support agency acting pursuant to part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ).

( D ) A Federal agency or a State or its agents or assigns acting to investigate fraud or acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities, provided such responsibilities are consistent with a permissible purpose under section 1681b of this title.

( E ) By a person using credit information for the purposes described under section 1681b ( c ) of this title.

( F ) Any person or entity administering a credit file monitoring subscription or similar service to which the consumer has subscribed.

( G ) Any person or entity for the purpose of providing a consumer with a copy of the consumers consumer report or credit score, upon the request of the consumer.

( H ) Any person using the information in connection with the underwriting of insurance.

( I ) Any person using the information for employment, tenant, or background screening purposes.

( J ) Any person using the information for assessing, verifying, or authenticating a consumers identity for purposes other than the granting of credit, or for investigating or preventing actual or potential fraud.

( 5 ) Notice of rights At any time a consumer is required to receive a summary of rights required under section 1681g of this title, the following notice shall be included : Consumers Have the Right To Obtain a Security Freeze You have a right to place a security freeze on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account involving the extension of credit.

As an alternative to a security freeze, you have the right to place an initial or extended fraud alert on your credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumers credit file. Upon seeing a fraud alert display on a consumers credit file, a business is required to take steps to verify the consumers identity before extending new credit. If you are a victim of identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting 7 years.

A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements..

( 6 ) Webpage ( A ) Consumer reporting agencies A consumer reporting agency shall establish a webpage that ( i ) allows a consumer to request a security freeze ; ( ii ) allows a consumer to request an initial fraud alert ; ( iii ) allows a consumer to request an extended fraud alert ; ( iv ) allows a consumer to request an XXXX XXXX fraud alert ; ( v ) allows a consumer to opt-out of the use of information in a consumer report to send the consumer a solicitation of credit or insurance, in accordance with section 1681m ( d ) of this title; and ( vi ) shall not be the only mechanism by which a consumer may request a security freeze.

( B ) FTC The Federal Trade Commission shall establish a single webpage that includes a link to each webpage established under subparagraph ( A ) within the Federal Trade Commissions website www.Identitytheft.gov, or a successor website.

( j ) National protection for files and credit records of protected consumers ( 1 ) Definitions As used in this subsection : ( A ) The term consumer reporting agency means a consumer reporting agency described in section 1681a ( p ) of this title.

( B ) The term protected consumer means an individual who is ( i ) under the age of 16 years at the time a request for the placement of a security freeze is made ; or ( ii ) an incapacitated person or a protected person for whom a guardian or conservator has been appointed.

( C ) The term protected consumers representative means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer.

( D ) The term record means a compilation of information that ( i ) identifies a protected consumer ; ( ii ) is created by a consumer reporting agency solely for the purpose of complying with this subsection; and ( iii ) may not be created or used to consider the protected consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.

( E ) The term security freeze means a restriction that prohibits a consumer reporting agency from disclosing the contents of a consumer report that is the subject of such security freeze or, in the case of a protected consumer for whom the consumer reporting agency does not have a file, a record that is subject to such security freeze to any person requesting the consumer report for the purpose of opening a new account involving the extension of credit.

( F ) The term sufficient proof of authority means documentation that shows a protected consumers representative has authority to act on behalf of a protected consumer and includes ( i ) an order issued by a court of law ; ( ii ) a lawfully executed and valid power of attorney ; ( iii ) a document issued by a Federal, State, or local government agency in the United States showing proof of parentage, including a birth certificate ; or ( iv ) with respect to a protected consumer who has been placed in a foster care setting, a written communication from a county welfare department or its agent or designee, or a county probation department or its agent or designee, certifying that the protected consumer is in a foster care setting under its jurisdiction.

( G ) The term sufficient proof of identification means information or documentation that identifies a protected consumer and a protected consumers representative and includes ( i ) a social security number or a copy of a social security card issued by the Social Security Administration ; ( ii ) a certified or official copy of a birth certificate issued by the entity authorized to issue the birth certificate ; or ( iii ) a copy of a drivers license, an identification card issued by the motor vehicle administration, or any other government issued identification.

( 2 ) Placement of security freeze for a protected consumer ( A ) In general Upon receiving a direct request from a protected consumers representative that a consumer reporting agency place a security freeze, and upon receiving sufficient proof of identification and sufficient proof of authority, the consumer reporting agency shall, free of charge, place the security freeze not later than ( i ) in the case of a request that is by toll-free telephone or secure electronic means, 1 business day after receiving the request directly from the protected consumers representative; or ( ii ) in the case of a request that is by mail, 3 business days after receiving the request directly from the protected consumers representative.

( B ) Confirmation and additional information Not later than 5 business days after placing a security freeze under subparagraph ( A ), a consumer reporting agency shall ( i ) send confirmation of the placement to the protected consumers representative ; and ( ii ) inform the protected consumers representative of the process by which the protected consumer may remove the security freeze, including a mechanism to authenticate the protected consumers representative.

( C ) Creation of file If a consumer reporting agency does not have a file pertaining to a protected consumer when the consumer reporting agency receives a direct request under subparagraph ( A ), the consumer reporting agency shall create a record for the protected consumer.

( 3 ) Prohibition on release of record or file of protected consumer After a security freeze has been placed under paragraph ( 2 ) ( A ), and unless the security freeze is removed in accordance with this subsection, a consumer reporting agency may not release the protected consumers consumer report, any information derived from the protected consumers consumer report, or any record created for the protected consumer.

( 4 ) Removal of a protected consumer security freeze ( A ) In general A consumer reporting agency shall remove a security freeze placed on the consumer report of a protected consumer only in the following cases : ( i ) Upon the direct request of the protected consumers representative.

( ii ) Upon the direct request of the protected consumer, if the protected consumer is not under tll face imprisonment and fines.