Consumer complaint received 2025-04-24 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Applied Data Finance, LLC
State: FL

Complaint narrative:
Complaint with CFPB against Personify Financial : XXXX XXXX XXXX XXXX, TX XXXX Personify Financial : account XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX report ( see attached ) ________________ See identity theft report FTC Identity Theft Report : XXXX ________________ I am writing to formally express my concern regarding ongoing violations of my consumer rights by Personify Financial despite my previous complaint and written request submitted through the Consumer Financial Protection Bureau ( CFPB ). As of today, XX/XX/XXXX, Personify Financial has failed to take responsibility for the violations outlined in my original complaint. 

Subject : Formal Dispute Fraudulent Account Under XXXX XXXX Compliance Standards and FCRA I am writing to formally dispute the reporting of a fraudulent debt account listed under my name by Personify Financial, in accordance with XXXX XXXX compliance standards, the Fair Credit Reporting Act ( FCRA ), and guidelines set forth by the XXXX XXXX XXXX XXXX ( XXXX ). 
________________________________________ I. Disputed Account Information Creditor Name : Personify Financial XXXX XXXX XXXX XXXX, TX XXXX Account Number ( Last XXXX Digits ) : XXXXXXXX XXXX XXXX XXXX XXXX  Reported Amount : $ {$8900.00} FTC Identity Theft Report Number : XXXX Fraudulent Origin : Identity theft linked to the XXXX XXXX XXXX XXXX  XXXX breaches ________________________________________ II. Nature of Dispute This account is fraudulent. I did not authorize or open any account with Personify Financial or the original creditor linked to this alleged debt. I am a victim of identity theft, as documented in my official FTC Identity Theft Report ( enclosed ). Continued reporting of this account constitutes willful noncompliance with FCRA statutes. 
________________________________________ XXXX. XXXX Grounds for Dispute Pursuant to : FCRA Section XXXX ( XXXX XXXX. XXXX ) : I request all documentation used to verify this account, including : o A copy of the original credit application with my wet signature o The original signed agreement o A detailed copy of the investigators report FCRA XXXX XXXX ( XXXX U.S.C. XXXX ) : I formally request an immediate investigation into this account. If Personify Financial can not provide verifiable proofincluding my signed documentswithin 30 days, the account must be deleted from my credit file. 
________________________________________ XXXX. Documentation Failures and Discrepancies Personify Financial has failed to provide : XXXX. A signed by me credit application. 
XXXX. My signature on any agreement or contract. 
XXXX. Documentation confirming that I applied for this account. 
XXXX. Any investigative report verifying the validity of this account. 
Therefore, this account must be deemed fraudulent and deleted. 
________________________________________ V. Personal Harm Caused Due to this false and defamatory reporting, I have suffered : Emotional distress Financial hardship Hindrances in seeking employment Public embarrassment and reputational damagXXXX XXXX XXXX XXXX XXXX the emotional and financial toll is substantial. Personify Financials negligence and refusal to correct these inaccuracies has exacerbated my distress. I am also requesting : A full investigation into Personify Financials treatment of senior citizens Appropriate remedies and compensation for the damages incurred ________________________________________ VI. Required Action I demand : Deletion of the account from all credit bureaus Written confirmation of the deletion No further collection or reporting activity regarding this account If Personify Financial or the credit reporting agencies fail to comply within 30 days, I will pursue further legal remedies through : The Consumer Financial Protection Bureau ( CFPB ) The Federal Trade Commission ( FTC ) My State Attorney Generals Office ________________________________________ Subject : FORMAL COMPLAINT & REQUEST FOR INVESTIGATION Personify Financial Identity Theft, FCRA, FDCPA, and CFPB Regulation Violations I am submitting this formal complaint against Personify Financial, located at XXXX XXXX XXXX, XXXX XXXX, CA XXXX, for multiple and ongoing violations of federal consumer protection laws related to a fraudulent account that is the result of identity theft and XXXX widely documented data breaches involving Capital XXXX ( XXXX ) and Equifax ( XXXX ). These breaches exposed sensitive personal data, which I believe was used to fraudulently open or associate a loan/account in my name with Personify Financial. 
Personify Financial has failed to comply with legal obligations set forth by the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681 et seq. ), Fair Debt Collection Practices Act ( FDCPA, 15 U.S.C. 1692 et seq. ), and regulations issued by the Consumer Financial Protection Bureau ( CFPB ) and Federal Trade Commission ( FTC ).

I respectfully request that the CFPB investigate Personify Financial and pursue all appropriate enforcement actions for the following violations :
________________________________________ VIOLATIONS COMMITTED BY PERSONIFY FINANCIAL 1. Violation of FCRA 605B ( 15 U.S.C. 1681c-2 ) Failure to Block Identity Theft Information Upon receiving proper documentation of identity theftincluding an FTC Identity Theft Report and police reportPersonify Financial failed to block the fraudulent account from my credit reports within the required four business days, in direct violation of FCRA 605B and associated FTC rules .

2. Violation of CFPB Regulation 12 C.F.R. 1022.43 Failure to Cease Collection After Identity Theft Notification Personify Financial continued collection activity despite being notified of the identity theft. They failed to pause or investigate the account in accordance with 12 C.F.R. 1022.43, which mandates cessation of collection efforts when a valid identity theft claim is submitted.

3. Violation of FCRA 1681s-2 ( b ) Failure to Conduct and Report a Reasonable Investigation Personify Financial failed to conduct a reasonable investigation into the dispute, nor did they provide the results of any inquiry to me or to the credit reporting agencies. This noncompliance with FCRA 1681s-2 ( b ) undermines my rights as a consumer and victim of identity theft.

4. Violation of FDCPA 809 ( b ) ( 15 U.S.C. 1692g ( b ) ) Failure to Provide Debt Verification and Original Application Despite my repeated requests, Personify Financial has not produced a copy of the original application for credit that bears my signature or any documentation proving I opened an account with them. This omission is a clear violation of FDCPA 1692g ( b ), which requires validation of disputed debts.

5. Failure to Provide Proof of a Contractual Relationship or Debt Ownership Personify Financial has not produced any contract or agreement showing that I entered into a relationship with them. Their refusal to provide the contract, loan agreement, or any signed documentation proves there is no legitimate debtor-creditor relationship, and any attempt to collect or report this debt is unlawful and deceptive.

6. Deceptive and Unfair Collection Practices Inflated Debt Amount Personify Financial is attempting to collect an inflated amount in connection with a debt that I did not authorize or incur. Their attempt to collect such debt without legal documentation constitutes false representation and unfair collection practices under FDCPA 1692e and 1692f.

________________________________________ REQUEST FOR CFPB ENFORCEMENT AND REMEDIAL ACTION I respectfully request the Consumer Financial Protection Bureau to : 1. Investigate Personify Financial for systemic noncompliance with FCRA, FDCPA, and applicable CFPB rules.

2. Impose civil penalties and enforcement actions to the fullest extent permitted by law.

3. Compel Personify Financial to remove all reporting of this account from consumer credit reports.

4. Ensure Personify Financial ceases all collection activity and provides me with written confirmation of account closure due to identity theft.

5. Refer the matter to the FTC and State Attorney General if overlapping jurisdiction applies.

This fraudulent account continues to damage my credit profile and cause undue stress, and Personify Financial has done nothing to act in good faith or according to the law. I am prepared to submit supporting documents including my FTC Identity Theft Report, police report, and all correspondence related to my dispute with Personify Financial.

Personify Financial This letter serves as a formal complaint and notice of dispute under both federal and state consumer protection statutes. I am writing to notify you that the account you are attempting to collect is the result of identity theft and is therefore not valid. Furthermore, your handling of this matter violates numerous provisions of federal law, including but not limited to the Fair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681 et seq. ), the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692 et seq. ), and regulations enforced by the Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau ( CFPB ).

I outline your violations below : 1. Failure to Comply with FTC Regulations on Disputes from Identity Theft Victims Under the FCRA 605B ( 15 U.S.C. 1681c-2 ), a consumer reporting agency and a debt collector are required to block information resulting from identity theft within four business days upon receiving : A police report or identity theft report ( see FTC report attached sent to you ) A statement from the consumer disputing the account as fraudulent. ( dispute letter sent to you ) Despite receiving this documentation from me, Personify Financial failed to block the fraudulent debt from reporting and continued collection activities, in direct violation of FTC guidance and FCRA 605B.

2. Failure to Comply with CFPB Regulations on Disputes from Identity Theft Victims Per 12 C.F.R. 1022.43, debt collectors must cease collection when identity theft is reported and must conduct a reasonable investigation. You have failed to comply with this regulation by refusing to suspend collection efforts and failing to provide any legitimate basis for continuing to report or collect the disputed debt.

3. Failure to Provide Details or Results of Investigation Under both FCRA and CFPB guidelines, a furnisher ( like Personify Financial ) is required to conduct a reasonable investigation upon receiving a dispute from a consumer and the CFPB. Personify Financial not only failed to conduct an investigation but also failed to provide any documentation or results thereof, in violation of 15 U.S.C. 1681s-2 ( b ).

4. Failure to Provide Original Credit Application and Evidence of Contractual Relationship Despite multiple requests, you have failed to provide a copy of the original credit application or any document demonstrating that I applied for or authorized this account. This is essential in proving the validity of a debt under 15 U.S.C. 1692g ( b ), which requires a collector to verify the debt when disputed. Your failure to provide such documentation is further proof that no such agreement exists between myself and Personify Financial, and this account is the result of identity theft and data breachesnamely, tXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX of XXXX, both well-documented and acknowledged by the FTC. 

XXXX. No Contract or Assignment of Debt Provided You have failed to provide a copy of the original contract with Personify Financial or any proof of assignment or lawful purchase of this alleged debt. Under 15 U.S.C. 1692g, this documentation is required upon dispute. Moreover, your failure to do so constitutes an attempt to collect a debt without verifying its legitimacy, which may also violate state laws regarding deceptive trade practices.

6. Unlawful Collection Practices Attempting to Collect Exorbitant Amounts It is further noted that XXXX is attempting to collect XXXX to XXXX times the amount likely paid to purchase this debt from XXXX  XXXX. While debt purchasing is legal, it becomes unlawful when accompanied by misrepresentation, lack of proper documentation, or unfair practices under XXXX XXXX. XXXX and XXXX, which prohibit the use of false, deceptive, or unfair practices in connection with the collection of any debt. 

DEMAND FOR ACTION Accordingly, I demand the following actions be taken within XXXX calendar days : Cease all collection efforts related to this fraudulent debt. 
Remove any reporting of this account from all consumer credit bureaus. 
Provide documentation including : The original credit application bearing my signature. 
The full chain of title showing lawful sell of the debt. 
The results of your investigation under FCRA XXXX ( b ). 
If this matter is not resolved within the specified time frame, I will be forced to escalate this complaint by : Filing formal complaints with the CFPB, FTC, and State Attorney General. 
Considering civil litigation under the FCRA and FDCPA for statutory and actual damages, including attorney 's fees. 

XXXX. Attached Documents XXXX. FTC XXXX Theft Report # XXXX XXXX. Notice to XXXX XXXX XXXX FTC XXXX. Documentation regarding XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation