Consumer complaint received 2025-12-18 00:00:00
Product: Credit card — Store credit card
Issue: Getting a credit card — Card opened without my consent or knowledge
Company: Atlanticus Services Corporation
State: PA

Complaint narrative:
Subject : CFPB Complaint # XXXX Formal Notice of Willful FCRA Violations, Deficient Investigation, and Demand for XXXX Dear Executive Correspondence Team , This correspondence constitutes my formal rebuttal and continued dispute in response to XXXX XXXX XXXXXXXX XXXX under CFPB Complaint # XXXX. XXXX conclusion that I am responsible for this account is unsupported by competent evidence and reflects a legally deficient investigation in violation of federal law. 

Failure to Conduct a Reasonable Investigation Under 15 U.S.C. 1681s-2 ( b ), furnishers of information are required to conduct a reasonable and good-faith investigation upon receipt of notice of a dispute. Courts have repeatedly held that a furnisher may not satisfy this obligation by merely relying on information supplied by a third party or by reviewing internal records alone. 

XXXX v. XXXX XXXXXXXX XXXX XXXXXXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) ( holding that a furnishers investigation must be reasonable and that merely confirming information from internal databases is insufficient ). 

XXXX v. XXXXXXXX XXXX XXXXXXXX, XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) ( a furnisher must conduct a genuine investigation and can not simply parrot information received from the original creditor ). 

XXXX v. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX Cir. XXXX ) ( finding that reliance on a creditors representations without independent verification may constitute an unreasonable investigation ). 

XXXX response demonstrates precisely the conduct rejected in these decisionsuncritical reliance on documents provided by XXXX, a third party with a direct financial interest in validating the transaction. 

Lack of Proof of Authorization Assertions regarding account logins, email communications, or alleged installation of equipment do not establish contractual liability or authorization. Federal courts have made clear that documentation generated after account opening or tied only to an address or email is insufficient to prove identity or consent. 

XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX ( XXXX Md. XXXX XXXX, XXXX ) ( finding that billing statements and account activity do not establish that the consumer opened or authorized the account ). 

XXXX XXXX XXXX XXXXXXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) ( recognizing that inaccurate attribution of debt to a consumer can support FCRA liability when reasonable procedures are lacking ). 

XXXX has produced no contemporaneous evidence showing lawful identity verification at account origination, such as government-issued ID validation, authenticated electronic signatures, IP or device metadata tied to me, or recorded consent. 

Willful and Reckless Noncompliance Where a furnisher continues to report disputed information without adequate verification, courts have found such conduct may constitute willful noncompliance under the FCRA. 

XXXX XXXX. XXXXXXXX XXXX XXXX. XXXX XXXX, XXXX XXXX XXXX ( XXXX ) ( defining willfulness under the FCRA to include reckless disregard of statutory duties ). 

XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) ( emphasizing that furnishers and CRAs must do more than make superficial investigations ). 

Formal Demands Accordingly, I hereby demand : An immediate reinvestigation conducted by XXXX  in compliance with 15 U.S.C. 1681s-2 ( b ), independent of XXXX. 

Production of all identity-verification and underwriting records relied upon at account origination, including application metadata, IP logs, device fingerprints, signature authentication records, and internal verification notes. 

Identification of the specific identity-verification and Red Flags compliance procedures XXXX claims to have followed prior to extending credit. 

Written confirmation that the account will remain marked as disputed with all consumer reporting agencies and that no adverse reporting or collection activity will occur during the pendency of this dispute. 

If XXXX continues to assert liability without producing competent proof of authorization, such conduct will be viewed as willful and reckless disregard of its obligations under 15 U.S.C. 1681n and 1681o, exposing XXXX to statutory damages, actual damages, punitive damages, attorneys fees, and costs.

This letter constitutes formal notice and a good-faith opportunity to cure. I reserve all rights and remedies at law and in equity and do not waive any claims by virtue of this correspondence. 

I expect XXXX written response within the timeframes mandated by federal law. 

Sincerely, XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation