Consumer complaint received 2025-05-28 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: HYUNDAI CAPITAL AMERICA
State: MO

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX Tel : ( XXXX ) XXXX Email : XXXX Date : XX/XX/XXXX To : Hyundai Capital America XXXX : Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX RE : FORMAL NOTICE OF INTENT TO SUE IDENTITY THEFT, FRAUDULENT LOAN ACCOUNT, AND VIOLATIONS OF THE FAIR CREDIT REPORTING ACT To Whom It May Concern, I, XXXX XXXX, am formally notifying you of my intent to initiate legal proceedings against Hyundai Capital America and Hyundai XXXX due to the fraudulent and unauthorized creation of a {$52000.00} auto loan in my name. This transaction, conducted without my knowledge or consent by XXXX XXXX XXXX of Hyundai XXXX on XX/XX/XXXX, constitutes criminal identity theft. Your companys continued reporting of this account to the credit reporting agencies is a willful violation of both the Fair Credit Reporting Act ( FCRA ) and Florida state law. 

I. IDENTITY THEFT AND FRAUD XXXX XXXX XXXX ( XX/XX/XXXX ) On XX/XX/XXXX, XXXX XXXX XXXX misused my personal information to obtain a {$52000.00} auto loan from Hyundai Capital America. This amount grossly exceeds the legitimate balance owed for the vehicle, which totaled only {$32000.00}, calculated as follows : Vehicle Price : {$36000.00} Hyundai Rebate : {$2000.00} My Deposit : {$2000.00} Balance Due : {$32000.00} XXXX XXXX actions added nearly {$20000.00} in unauthorized charges, likely in the form of fraudulent add-ons or inflated pricing to benefit himself or his employer. I did not authorize, consent to, or have knowledge of this loan. This conduct fits the definition of identity theft under XXXX  XXXX XXXX, and the resulting contract is null and void from inception. 

XXXX. FCRA VIOLATIONS ILLEGAL REPORTING OF FRAUDULENT ACCOUNT Despite having received my Identity Theft Report and supporting documentation under Section 605B of the FCRA ( 15 U.S.C. 1681c-2 ), Hyundai Capital America has continued to report this fraudulent account to credit reporting agencies. 

A. Case Law Supporting Removal of Fraudulent Accounts Federal courts have affirmed that fraudulent or identity theftbased accounts can not be legally reported : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : Credit furnishers may not report accounts created through identity theft. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : Continued reporting after receiving notice of identity theft violates 1681s-2 ( b ). 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : Failure to reasonably investigate and correct fraudulent reporting is a breach of FCRA duties. 

XXXX. VIOLATIONS OF SPECIFIC FCRA PROVISIONS You are currently in breach of multiple sections of the FCRA : Section 623 ( a ) ( 6 ) Improper Furnishing of Identity Theft Information A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. 

You have continued furnishing the account even after my identity theft report a clear statutory violation. 

Section 623 ( a ) ( 2 ) Duty to Correct Inaccurate Information If a furnisher learns it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only accurate data.

Your failure to notify the CRAs of the inaccuracy or update the reporting violates this duty.

Section 615 ( f ) Prohibition on Collection of Identity Theft Debts A furnisher notified under Section 605B that a debt resulted from identity theft may not sell, transfer, or place for collection the debt except in limited circumstances. 

This account has been maintained and potentially transferred for collection despite proper notice, contrary to federal law. 

IV. ADDITIONAL FRAUD BY HYUNDAI XXXX Further compounding the fraud : I submitted documents showing that certain add-ons ( such as XXXX ) were cancelled XXXX months after my request, causing me to pay interest on items I did not authorize. 

XXXX XXXX XXXX acknowledged in writing that I was overcharged. However, he conditioned return of these funds on my signing a release of liability, which is both coercive and unlawful under : Florida Deceptive and Unfair Trade Practices Act ( FDUTPA ) Federal Trade Commission Holder Rule Common law contract doctrines of unconscionability and duress V. DEMAND FOR IMMEDIATE CORRECTIVE ACTION You are hereby formally requested to : Cancel the fraudulent loan established on XX/XX/XXXX. 

Permanently delete the account from all credit bureaus ( XXXX XXXX XXXX  ). 

Refund all payments I have made on the account. 

Provide written instructions for returning the vehicle to Hyundai XXXX without further cost or liability to me. 

Confirm compliance within 10 business days of this letters receipt. 

VI. NOTICE OF LEGAL ACTION IF UNRESOLVED Failure to comply will result in legal action under : 15 U.S.C. 1681n Willful violations of FCRA 15 U.S.C. 1681o Negligent violations Florida Statute 817.568 Criminal Identity Theft FDUTPA 501.201 et seq. Unfair/deceptive acts I will pursue statutory, actual, and punitive damages, and all communications, contracts, and emails between me, Hyundai Capital , and Hyundai XXXX will be submitted as evidence of willful noncompliance. 

XXXX. RELEVANT STATUTORY DUTIES SUMMARY As cited from the FCRA and FTC guidance : Section 623 ( a ) ( 6 ) : No furnishing of ID theft data unless verified Section 623 ( a ) ( 2 ) : Duty to update and report only accurate information Section 615 ( f ) : Can not collect, sell, or assign identity theft debts Section 605B : You must block fraudulent information within 4 business days of receiving notice Section 611 : Failure to reinvestigate disputes is unlawful You are in breach of all of the above.

Attachments Included : Identity Theft Report ( filed with FTC and local police ) Email from XXXX XXXX confirming overcharge Copy of settlement offer Sales contract and cancellation documents FTC and FCRA guidance documents Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX Tel : ( 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