Consumer complaint received 2025-02-11 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Security Credit Services, LLC
State: CA

Complaint narrative:
Subject : Violation of FCRA, FDCPA, and California State Laws Security Credit Services Dear CFPB Representative, I am filing a complaint against Security Credit Services for unlawful credit reporting practices related to an alleged debt. I believe this debt is being reported inaccurately and in violation of both federal and state laws, despite my previous attempts to dispute it.

Background of the Issue : I disputed the account with the three major credit bureaus ( XXXX, XXXX, and XXXX ), providing an FTC Identity Theft Report and a formal dispute letter, but Security Credit Services verified the account without providing the required documentation under the Fair Credit Reporting Act ( FCRA ).

I subsequently filed a XXXX XXXX XXXX XXXX XXXX XXXX complaint, requesting proof of the original contract. Security Credit Services only provided past credit card statements, which do not prove legal ownership of the debt or my contractual obligation. 
Under California state law and federal law, a debt collector must provide adequate validation, which includes a signed contract or original agreement. Despite multiple requests, they have failed to produce this documentation.

Violations of Federal and State Laws : 1. Violation of the Fair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681 ) Section 609 ( a ) ( 1 ) & ( 2 ) The consumer has the right to request all information a credit bureau relied on to verify an account. Security Credit Services and the credit bureaus have failed to provide original documentation, making their verification legally insufficient.

Section 605B If an account is flagged as fraudulent or resulting from identity theft, the bureaus must block it within four days, yet they failed to do so.

Case Law : Cushman v. TransUnion Corp., 115 F.3d 220 ( 3d Cir. 1997 ) Credit bureaus must conduct a reasonable investigation when a consumer disputes an item. The failure to obtain a signed contract or original agreementrenders the investigation inadequate.

2. Violation of the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692g ) Under 15 U.S.C. 1692g ( b ), a debt collector must cease collection activities if a consumer disputes the debt and requests verification. Providing past statements does not constitute proper validation ; they must provide a signed agreement or contract.

Case Law : Spears v. Brennan, 745 N.E.2d 862 ( Ind. Ct. App. 2001 ) A creditor must produce a contractual agreement to verify a debt ; credit card statements alone are not sufficient.

3. Violation of Californias Rosenthal Fair Debt Collection Practices Act ( CFDCPA ) ( Cal. Civ. Code 1788 ) 1788.17 Requires debt collectors in California to comply with federal FDCPA laws. Since Security Credit Services did not provide adequate validation, they are in direct violation of this law.

4. Violation of the California Identity Theft Law ( Cal. Civ. Code 1785.16 ( k ) ) Credit reporting agencies must block fraudulent accounts within 4 business days of receiving a valid ID theft report and supporting documents. Since I submitted my FTC Identity Theft Report, the bureaus failed to complywith this law.

Requested Resolution Immediate deletion of the Security Credit Services account from all three credit bureaus ( XXXX, XXXX, & XXXX ) due to lack of proper verification.

Company response to consumer: Closed with explanation