Consumer complaint received 2024-12-30 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: Experian Information Solutions Inc.
State: CA

Complaint narrative:
Subject : Follow-Up on Credit Dispute and Identity Theft Block Request To Whom It May Concern : I am writing in response to your recent correspondence regarding my dispute and request to block fraudulent information on my credit report due to credit card fraud ( cloning/skimming ) that was sent to your company on XX/XX/year>. 

1. Legal Definition of Identity Theft Under FCRA 603 ( q ) and California Penal Code 530.5, credit card cloning and fraudulent use of a cloned credit card fall squarely within the legal definitions of identity theft. 

My credit card number is considered identifying information under both federal and state law. 
Unauthorized transactions made with my cloned credit card are fraudulent use of personal identifying information. 
Your claim that this situation does not constitute identity theft is legally incorrect and constitutes a violation of both FCRA and CCCRAA. 

2. Documentation Provided I have already submitted : Official Police Report filed with XXXX XXXX Law Enforcement Agency Name *included FTC Identity Theft Report *included Government-issued identification *included Proof of address *included Response from Experian : " We have received your request to block items on your personal credit report due to alleged identity theft. We were unable to block the requested items using the document ( s ) you submitted for the reasons stated below. 

" It was not filed with a law enforcement agency which subjects the person filing the report to criminal penalties relating to the filing of false information. '' " your request to block was made in error, or, your request to block information was based on a material misrepresentation, or, you knowingly obtained or should have known that you obtained possession of goods, services, or moneys as a result of one or more of the transactions that you are seeking to block. '' " Therefore, we are declining your request to block one or more of the items of information. If you have additional relevant information that indicates that the disputed item ( s ) resulted from identity theft, please contact us again and provide this information. If you still believe the disputed item ( s ) is inaccurate, then we will add a statement of continued dispute to the credit report at your request. '' 3. Your Legal Obligations Under FCRA 605B and CCCRAA 1785.16.2, you are required to : Block fraudulent items immediately upon receiving valid supporting documentation. 
Provide a clear and detailed written explanation if the dispute is denied. 
Comply with the 30-day dispute resolution period. 
Failure to do so constitutes a violation of federal and state law and may result in formal complaints to : Consumer Financial Protection Bureau ( CFPB ) California Attorney Generals Office 4. Final Demand I am requesting : Immediate blocking or removal of fraudulent items resulting from the unauthorized use of my cloned credit card. 
A final written resolution within 15 days of receiving this letter. 
Compliance with FCRA 605B and CCCRAA 1785.16.2. 
If you fail to meet these obligations, I will proceed with formal complaints to the CFPB and California Attorney General 's Office, and I will consider legal action to recover statutory and punitive damages. 

Please respond promptly to this letter. You may contact me directly at XXXX or XXXX if additional clarification or documentation is needed. 

Thank you for your immediate attention to this matter. 

Sincerely, XXXX XXXX Enclosures : Copy of Police Report Copy of FTC Identity Theft Report Copy of Government-Issued ID Copy of Proof of Address

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation