Consumer complaint received 2025-06-04 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc.
State: MO

Complaint narrative:
To : Experian XXXX. XXXX XXXX XXXX, TX XXXX XXXX  XXXX XXXX. XXXX XXXX XXXX, PA XXXX Subject : Urgent Identity Theft Notification and Request to Remove Fraudulent XXXX XXXX Account Under FCRA 605B Dear Experian and XXXX, I am writing to formally dispute and demand the immediate removal of a fraudulent account being reported under the name XXXX XXXX on my credit report. This account is the result of criminal identity theft and involves multiple legal violations under both federal law, including the Fair Credit Reporting Act ( FCRA ) and Florida state statutes. 

Nature of the Identity Theft ( Criminal ) This matter constitutes criminal identity theft as defined under : 15 U.S. Code 1681a ( q ) Identity theft is the unauthorized use or attempted use of another persons identifying information to commit fraud. 

Florida Statute 817.568 ( 2 ) ( a ) It is a felony to willfully and fraudulently use personal identification information without consent to obtain goods, services, or credit. 

On XX/XX/XXXX, I visited XXXX of XXXX ( XXXX XXXX XXXX XXXX, XXXX, FL XXXX ) to purchase a XXXX XXXX XXXX XXXX XXXX, with a total sale price of {$36000.00}. I paid {$2000.00} down and received a {$2000.00} manufacturer rebate, reducing the balance to {$32000.00}. 

However, without my knowledge or consent, Finance Manager XXXX XXXX used my personal identifying and credit information ( XXXX XXXX ) to secure a loan with XXXX XXXX in the amount of {$52000.00}, fraudulently inflating the loan by nearly {$20000.00}, with unauthorized add-ons and products never agreed to or disclosed. 

This act clearly constitutes criminal identity theft, as it involved knowingly using my identity to obtain credit beyond the agreed terms and for purposes I never authorized. This also triggered a breach of fiduciary duty, fraudulent misrepresentation, and unlawful enrichment. 

Events Following Discovery of the Fraud On XX/XX/XXXX, I reviewed the documentation and realized the fraudulent charges. I returned to the dealership on XX/XX/XXXX, demanding to return the XXXX. I was told by salesman XXXX that I could not return it and would need to speak with XXXX XXXX. 

On XX/XX/XXXX, I again attempted to return the vehicle. This time, I was told not only that a return would be denied, but that if I did attempt it, I would owe more money than the car was actually worth due to the inflated and fraudulent loan a coercive and manipulative practice. 

During that same meeting, I was informed of some ( but not all ) of the fraudulent charges used to inflate the loan. I immediately signed a document requesting that these items be removed, including an add-on called " XXXX, '' which has yet to be removed to this day. XXXX XXXX only issued a partial reimbursement to XXXX XXXX on XX/XX/XXXX, 21 months later, for {$6500.00}. 

Illegal Conditioning of Refund on Release I have asked General Manager XXXX XXXX to return the overcharged funds to XXXX XXXX. He has refused unless I sign a legal release and accept a mere {$7500.00} an illegal condition that violates federal and state law. 

Under Florida contract law, any agreement based on duress, fraud, coercion, or illegality is void or voidable. Demanding that I release legal claims in exchange for money that was fraudulently taken is : Illegal, per Florida Statute 501.204 ( Florida Deceptive and Unfair Trade Practices Act ). 

Void as a matter of public policy under Restatement ( Second ) of Contracts 178, which states that a term is unenforceable if it contravenes public interest ( e.g., condoning fraud ). 

Unlawful coercion, as shown in XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX XXXX XXXX XXXX ) any release signed under duress or in exchange for compliance with statutory duties is void. 

Additionally, the return of unlawfully obtained funds can not be conditioned on silence or waiver of future rights. The dealership is attempting to nullify my legal claims by attaching strings to restitution, which courts have consistently found unconscionable. 

How This Nullifies the Contract Because the original finance contract was induced by fraud, misrepresentation, and identity theft, it is XXXX XXXX XXXX under both Florida and federal law : Fraud in the inducement renders contracts unenforceable. See : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX ) Material misrepresentation voids a contract. See : XXXXXXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) Identity theft contracts are not legally binding on the victim. See : XXXX XXXX XXXX XXXXXXXX XXXX  XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX  XXXX ) FCRA Violations by XXXX XXXX and Credit Bureaus Under the Fair Credit Reporting Act ( FCRA ), you and XXXX XXXX are required to comply with identity theft procedures and consumer protections : FCRA 605B Blocking of Information Resulting from Identity Theft Once notified of identity theft, a credit reporting agency must block the reporting of fraudulent information within 4 business days.

You are legally required to cease reporting this account upon receiving this notice and accompanying documentation.

FCRA 623 ( a ) ( 6 ) Furnisher Duties XXXX XXXX may not furnish or refurnish information that it knows is the result of identity theft. 

They must correct and report accurate information or cease reporting altogether. 

FCRA 615 ( f ) Debt Sale and Collection A debt that is the result of identity theft may not be sold, transferred, or placed for collection, except in limited cases.

FCRA 623 ( a ) ( 2 ) Correction Duty Furnishers must promptly notify all CRAs of any inaccuracies due to identity theft and must only report complete and accurate information going forward.

Request for Relief Pursuant to my rights under FCRA 605B, I demand that Experian and XXXX  : Immediately block and remove the XXXX XXXX account from my credit reports. 

Investigate this matter in compliance with 15 U.S.C. 1681i and notify me within 30 days of the results. 

Provide written confirmation of the accounts removal and ensure it is not reinserted unless compliant with FCRA 1681i ( a ) ( 5 ) ( B ).

Attached are : Proof of identity FTC Identity Theft Report and/or police report ( if available ) Communications from the dealership admitting to fraud Cancellation documentation car documents showing the car sticker price was {$36.00}, 190 not {$52000.00} This account is the result of criminal identity theft, fraudulent inducement, and illegal contract formation. Continued reporting of this account violates federal and Florida consumer protection statutes. If not resolved immediately, I will pursue further action, including formal complaints to the Consumer Financial Protection Bureau ( CFPB ), Florida Attorney General, and initiation of a civil lawsuit under 15 U.S.C. 1681n and 1681o, which provide for actual, statutory, and punitive damages for willful or negligent noncompliance. I have also attached directions from the CFPB and the FTC on how you should handle cases like mine Sincerely, XXXX XXXX

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