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: SANTANDER HOLDINGS USA, INC.
State: MO

Complaint narrative:
Subject : Unauthorized Credit Reporting and Demand for Resolution Reference to Federal and Missouri Laws Dear SANTANDER, I am writing to address a blatant violation regarding the unauthorized reporting of information to my credit report, as confirmed by the Fair Credit Reporting Act ( FCRA ) under Sections 1681b ( a ) ( 2 ), 1681c ( a ) ( 2 ), and 1681s-2 ( a ), and identity theft and fraud laws as recognized in the state of Missouri under the Missouri Revised Statutes, Chapter 570 ( Fraud Offenses ) and Chapter 407 ( Merchandising Practices ).

It has unequivocally come to my attention that SANTANDER has engaged in unauthorized reporting to my credit report without obtaining my explicit consent. Federal law, as outlined in the FCRA, explicitly mandates that the consent of the consumer is a non-negotiable requirement for such reporting activities under Section 1681b ( a ) ( 2 ). Additionally, Missouri law underscores the seriousness of unauthorized use or access to personal information under Chapter 570, particularly Sections 570.223 and 570.224, which address identity theft and the unlawful use of personal data.

I assert with unwavering certainty that I have not provided consent for SANTANDER to report any information to my credit report. This undeniable lack of explicit permission constitutes a blatant violation of my rights, resulting in potential damage to my creditworthiness and an unequivocal disregard for federal and state laws.

In addition to federal law, Missouri state laws, including Section 570.223, define the unauthorized use of another persons identifying information as identity theft, which can result in both civil and criminal liability. Furthermore, Chapter 407 of the Missouri Revised Statutes protects consumers from fraudulent and deceptive practices, including unauthorized credit reporting activities that cause harm.

I demand that SANTANDER immediately ceases any further reporting of information to my credit report without obtaining my explicit consent, as mandated by Section 1681b ( a ) ( 2 ) of the FCRA and applicable Missouri statutes. Additionally, I require that all unauthorized entries be removed from my credit report within 30 days of receipt of this letter. Failure to comply will be viewed as willful noncompliance and may subject you to penalties under federal law and XXXX identity theft and fraud statutes. 

I emphasize that obtaining consent is not a discretionary choice but a legal obligation under these specific sections of the FCRA and Missouri law. This is not a negotiation ; it is a demand for compliance with both federal and state regulations, protecting consumers like myself from unauthorized and damaging credit reporting. 

I anticipate your immediate attention to this matter and expect that SANTANDER will promptly rectify these egregious violations, respecting my rights under federal and Missouri laws. If this matter is not resolved within the stipulated timeframe, I reserve the right to pursue all available legal remedies, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Missouri Attorney Generals Office. 

Done in good faith.

Company response to consumer: Closed with non-monetary relief