Consumer complaint received 2024-12-11 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: GA

Complaint narrative:
Details of the Issue I am filing this complaint against TransUnion for its refusal to block fraudulent information related to an account with XXXX XXXX XXXX XXXX. Despite providing all required documentation under Section 605B of the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681c-2 ), TransUnion improperly denied my fraud block request. XXXX stated reasons for denial contradict the FCRA and perpetuate harm to identity theft victims. 

Background To support my fraud block request, I provided : A valid FTC Identity Theft Report ( filed in XXXX, with an official report number ). 
A signed police report documenting fraudulent activity in XXXX. 
Personal identity verification ( e.g., proof of ID and Social Security number ). 
A detailed list of fraudulent accounts, including XXXX XXXX XXXX XXXX. 
Despite this, TransUnion denied my request, citing the following reasons : " The account reflects a history of payments or disputes other than ownership. '' " The account was opened after the date of the identity theft report. '' " XXXX, services, or money were obtained as a result of the transaction. '' Analysis of Each Denial Reason 1. " The account reflects a history of payments or disputes other than ownership. '' FCRA 605B ( 15 U.S.C. 1681c-2 ) : The law requires CRAs to block fraudulent information upon receiving : A valid identity theft report ( e.g., FTC or police report ). 
Identification of the fraudulent account. 
Certification of fraud under penalty of perjury. 
Relevance : TransUnions claim regarding payment or dispute history is irrelevant. Payments or disputes could have been made by the identity thief. The FCRA does not require a consumer to disprove such activity or provide additional evidence beyond the identity theft report. 
Supporting Case Law : In Andrews v. Equifax Info. Servs. LLC, 700 F. Supp. 2d 1276 ( W.D. Wash. 2010 ), the court held that CRAs can not deny fraud block requests based on irrelevant or speculative factors, such as prior account activity. 
XXXX. " The account was opened after the date of the identity theft report. '' FCRA XXXX : There is no requirement under the law that fraudulent accounts must be opened before the date of the identity theft report. 

Relevance : Identity theft is often ongoing, with fraudulent accounts opened over time. My FTC Identity Theft Report and police report document a pattern of fraud, which applies to subsequent fraudulent accounts. XXXX reasoning imposes an unlawful barrier not supported by the FCRA. 
Supporting Case Law : In Thompson v. TransUnion LLC ( 15-CV-1521 ), the court rejected similar arguments, emphasizing that CRAs must block fraudulent accounts based on the documentation provided, regardless of account opening dates. 
XXXX. " XXXX, services, or money were obtained as a result of the transaction. '' FCRA XXXX : The statute does not require a consumer to prove or disprove whether goods, services, or money were obtained. The focus is on the fraudulent nature of the account itself. 

Relevance : This reasoning attempts to shift the burden of proof onto the victim, which is contrary to the FCRA. My documentation already establishes that the XXXX XXXX XXXX XXXX account was fraudulently created. 
Supporting XXXXase Law : In Drew v. Equifax Info. Servs. LLC, 690 F.3d 1100 ( 9th Cir. 2012 ), the court ruled that CRAs can not rely on unsupported assumptions about financial gain or loss to deny a fraud block request.

Additional Violations FCRA 611 ( 15 U.S.C. 1681i ) : What It Requires : CRAs must conduct a reasonable investigation into disputes regarding inaccurate or fraudulent information.

Violation : TransUnion failed to conduct a reasonable investigation. Instead of reviewing the connection between my identity theft report and the XXXX XXXX XXXX XXXX account, it summarily dismissed my documentation with speculative claims. 

FCRA 604 ( 15 U.S.C. 1681b ) : What It Requires : CRAs may only furnish a consumers credit report for specific permissible purposes, such as account review by a legitimate creditor.

Violation : By maintaining fraudulent accounts on my credit report, TransUnion allows impermissible access to my credit information by third parties, violating permissible purpose requirements.

Debt Bondage : TransUnions refusal to block fraudulent accounts creates a form of debt bondage, trapping victims of identity theft in a cycle of disputes, financial harm, and reputational damage.

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 non-monetary relief