Consumer complaint received 2025-10-06 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Credit inquiries on your report that you don't recognize
Company: HYUNDAI CAPITAL AMERICA
State: TX

Complaint narrative:
This is a formal notice regarding your unlawful access and reporting of an unauthorized hard inquiry on my consumer credit report. I have not granted your organization authorization to obtain my consumer report, nor do you have a permissible purpose under federal law to access my private information.

Pursuant to 15 U.S.C. 1681b ( f ) of the Fair Credit Reporting Act ( FCRA ), consumer reports may only be accessed with explicit permissible purpose or consumer consent. Your unauthorized access violates the following : FCRA 604 ( a ) [ 15 U.S.C. 1681b ] : Permissible purposes for obtaining a consumer report.

FCRA 619 [ 15 U.S.C. 1681q ] : Criminal liability for obtaining consumer information under false pretenses.

Specific Violations 1. Unauthorized Access You unlawfully obtained my consumer report on [ Insert Date ] without my consent or any permissible purpose under 15 U.S.C. 1681b. There is no contractual relationship, account, or transaction initiated by me that would justify such access.

2. Failure to Certify Purpose Under FCRA 607 ( a ) [ 15 U.S.C. 1681e ], you are required to certify the permissible purpose of your inquiry to the Consumer Reporting Agency ( CRA ). I demand the general or specific certification you provided to the CRA for this inquiry.

3. Aggravated Identity Theft Your actions violate 18 U.S.C. 1028A, as you knowingly accessed and used my personal identification without lawful authority. This constitutes aggravated identity theft, a felony punishable by imprisonment and fines.

Harm Caused by Your Actions As a result of your willful violations of the FCRA, I have suffered the following damages : Denial of new credit.

Negative impact on my credit score. 
Emotional distress and reputational harm. 
Legal Basis for Demand Your continued reporting of this inquiry violates the following : 15 U.S.C. 1681b ( f ) : Prohibits obtaining consumer reports without a permissible purpose.

15 U.S.C. 1681n ( a ) : Provides civil liability for willful noncompliance with the FCRA, including statutory damages, punitive damages, and attorneys fees.

15 U.S.C. 1681o : Provides liability for negligent noncompliance.

FCRA 616 [ 15 U.S.C. 1681n ] : Allows for the recovery of actual damages, statutory damages up to {$1000.00}, and punitive damages.

Demand for Resolution I demand the following actions to resolve this matter : 1. Immediate Deletion of the Unauthorized Inquiry The inquiry placed on my [ Insert CRA Name ] consumer report on [ Insert Date ] must be permanently removed.

2. Monetary Settlement To settle this matter amicably, I demand compensation of {$1000.00} for damages pursuant to FCRA 616 ( a ) ( 1 ) ( B ) [ 15 U.S.C. 1681n ]. Payment must be made via certified funds within 30 days of receipt of this notice. 
Failure to comply will result in further action, including but not limited to : Filing complaints with the Consumer Financial Protection Bureau ( CFPB ). 
Legal action seeking actual damages exceeding {$1000.00}, statutory damages, and punitive damages under 15 U.S.C. 1681n ( a ).

Supporting Federal Regulations The Bureau of Consumer Financial Protection, in its advisory opinion 12 CFR Part 1022, reinforces that obtaining consumer reports without permissible purpose is a direct violation of the FCRA.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation