Consumer complaint received 2024-10-10 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: Kikoff Inc.
State: CA

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, D.C. XXXX Subject : Request for Assistance with Kikoff Lending LLC and Data Furnishers Violation of FCRA Section 605B Dear Consumer Financial Protection Bureau, I am writing to formally request your assistance regarding an ongoing issue with Kikoff Lending LLC, which is refusing to comply with the Fair Credit Reporting Act ( FCRA ) Section 605B concerning the fraudulent account associated with my name ( Account Number : XXXX ). Despite submitting sufficient documentation multiple times, Kikoff continues to report the account as valid, thereby violating my rights under federal law. 

Background : On several occasions, I have provided Kikoff Lending LLC and the involved credit bureaus with the following documentation : 1. XXXX Police Department Identity Theft Report ( Report Number : XXXX ) indicating that my identity was stolen. 
2. Federal Trade Commission Identity Theft Affidavit, which also supports my claim of identity theft.

These documents conclusively demonstrate that the account in question was not opened by me but by someone who fraudulently used my personal information.

Under FCRA Section 605B, Kikoff Lending LLC is legally obligated to block the information from being reported once an identity theft report and affidavit have been submitted. However, despite presenting these documents, the company continues to report this account as valid, negatively impacting my credit.

Kikoffs Response : Kikoff claims that they have verified my personal information during the account opening process, but this does not address the core issue of identity theft. The fact that a person who stole my identity would have access to my personal information, such as my Social Security number, date of birth, and address, means they could easily pass Kikoffs verification process. Therefore, Kikoffs verification procedures do not prove that I, XXXX XXXX XXXX, authorized this account.

Kikoff has also stated that a payment was made to the account from a bank account that I allegedly controlled. However, the bank account in question was reported as fraudulent and closed due to identity theft, further proving that someone else accessed my personal information. The closure of this bank account due to fraud is direct evidence that the person who made the payment was not me but the individual who stole my identity. Kikoffs continued refusal to acknowledge this fact highlights their negligence and disregard for federal law.

Despite my repeated requests for documentation containing my signature, Kikoff has failed to provide the original signed contract that they claim to have. Their inability to produce this document further supports that I did not authorize this account.

Federal Law : Under FCRA Section 605B, a data furnisher like Kikoff must block the reporting of any information that is linked to identity theft once sufficient evidence has been provided. In my case, both XXXX and XXXX have already removed the fraudulent account from my credit reports after their investigations verified my identity theft claim. XXXX, however, continues to report the account based on Kikoffs refusal to comply with federal law. 

Kikoffs insistence on keeping this account on my credit report, despite knowing that my identity was stolen and despite the evidence I have provided, is a blatant disregard for FCRA and my consumer rights. 

Request for CFPB Action : I am requesting the CFPB to : 1. Intervene on my behalf to ensure that Kikoff Lending LLC complies with FCRA Section 605B and blocks the reporting of this fraudulent account.

2. Mandate that Kikoff provides me with the original signed contract with my signature or remove the account immediately.

3. Investigate Kikoffs failure to comply with federal law in handling my identity theft dispute, particularly their refusal to consider the fraudulent bank account used for payment. 

Please note that this situation is severely damaging my credit, and I am left with no option but to escalate this matter. If Kikoff continues to refuse to remove this fraudulent account, I will be forced to pursue further legal action and hold them accountable for their negligence and refusal to comply with federal regulations. 

Thank you for your attention to this matter. I look forward to your prompt response and resolution. 

Sincerely, XXXX XXXX XXXX [ Your Signature ] SSN : XXXX DOB : XX/XX/XXXX XXXX

Company response to consumer: Closed with explanation