Consumer complaint received 2025-04-07 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: CarMax, Inc.
State: AL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX, AL XXXX Phone : ( XXXX ) XXXX Email : XXXX Date : XX/XX/XXXX CarMax Auto Finance XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX, GA XXXX RE : Cease and Desist Immediate Removal of Fraudulent Auto Loan Account # XXXX NOTICE OF INTENT TO FILE LAWSUIT FOR WILLFUL AND NEGLIGENT VIOLATIONS OF THE FAIR CREDIT REPORTING ACT ( FCRA ) To Whom It May Concern, This letter constitutes a formal demand to immediately cease and desist all collection, reporting, and dissemination of information regarding fraudulent account # XXXX, opened unlawfully with CarMax Auto Finance using my personal information. Despite providing ample notice and legal documentation proving that I am the victim of identity theft, you have failed to take the legally required steps to investigate, block, and delete this false account. Your ongoing failure to comply is now willful. 

I have submitted the following : A valid FTC Identity Theft Report ( # XXXX ), Proof of my identity, Written dispute and demand for deletion under the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., and The FTCs Notice to Furnishers, outlining your statutory obligations under federal law.

Despite this, CarMax Auto Finance continues to report fraudulent and defamatory information to the consumer reporting agencies, directly violating multiple federal provisions and causing severe damage to my creditworthiness and emotional well-being.

LEGAL VIOLATIONS 1. Failure to Investigate After Consumer Notification Violation : 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ), ( a ) ( 2 ), ( b ) After receiving proper identity theft documentation, you were obligated to conduct a good faith investigation and delete any inaccurate data. You failed to do so, violating both your duty to investigate and duty to update records. 

Supporting Case Law : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : Reasonable investigation required after notice of inaccuracy. 

XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ) : Negligent failure to correct known inaccuracies is actionable under 1681o.

2. Failure to Block Identity Theft Information Upon Notice Violation : 15 U.S.C. 1681c-2 ( a ) ( Section 605B ) Once notified and provided with an official identity theft report, you were required to block all reporting of this account within four business days. You failed to do so, despite receipt of all documentation in accordance with federal law. 

XXXX XXXX : XXXX v. XXXX XXXX XXXX  XXXX, XXXX. XXXX, XXXX XXXX XXXX ( XXXX. XXXX XXXXXXXX ) : Consumer entitled to relief where furnisher failed to act under Section 605B.

3. Continued Reporting Without Marking the Account as Disputed Violation : 15 U.S.C. 1681s-2 ( a ) ( 3 ) You failed to notify CRAs that the account is disputed, even after receiving repeated notice. This is a blatant violation of the FCRA and further grounds for liability.

4. Negligent and Willful Noncompliance with FCRA Violations : 15 U.S.C. 1681n ( willful ) and 1681o ( negligent ) You are liable for both negligent and willful noncompliance. This includes damages for emotional distress, reputational harm, lost credit opportunities, and statutory penalties of up to {$1000.00} per violation. Punitive damages are appropriate due to your reckless disregard of the law.

Relief Available : Actual and statutory damages, Punitive damages ( for willful violations ), Costs and attorney 's fees.

5. Unlawful Attempt to Collect on Fraudulent Debt Violation : 15 U.S.C. 1681m ( g ) and 615 ( f ) You are prohibited from selling, transferring, or collecting any account identified as identity theft-related. Continuing to do so is illegal. 

DEMANDS FOR IMMEDIATE ACTION You are hereby ordered to : Cease all reporting of account # XXXX to all credit reporting agencies. 

Permanently delete the fraudulent account from all internal and external databases. 

Cease all collection activity or attempts to assign or sell this debt. 

Provide written confirmation within ten ( 10 ) calendar days that the account has been deleted and permanently blocked.

Provide a full copy of your investigation and all findings.

NOTICE OF INTENT TO SUE If you do not comply with this demand within ten ( 10 ) calendar days, I will initiate legal proceedings against CarMax Auto Finance for : Willful and negligent violations of the Fair Credit Reporting Act ( 15 U.S.C. 1681n, 1681o ), Defamation, Violations of consumer protection laws, Emotional distress and credit damage. 

I will pursue the maximum damages allowed by law. No further warnings will be issued. 

You were placed on notice. Your continued misconduct will not be tolerated. 

Govern yourselves accordingly. 

Sincerely, XXXX XXXX XXXX FTC Identity Theft Report # : XXXX Phone : ( XXXX ) XXXX Email : XXXX XXXX

Company response to consumer: Closed with explanation