Consumer complaint received 2024-11-12 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: NY

Complaint narrative:
To Whom It May Concern, I am submitting this formal complaint regarding an account that XXXX XXXX has opened under my name without my knowledge or consent, XXXX. Despite multiple requests, XXXX has refused to provide me with any documentation to verify my authorization for this account. I believe this account was opened in error, and XXXX 's refusal to supply documentation violates my rights under federal and New York State consumer protection laws. 

Background of XXXX I was recently informed of an account opened under my name with XXXX XXXX, which I have no prior knowledge of authorizing. I immediately contacted XXXX to request documentation that would validate my authorization, but the company has refused to provide any written confirmation. Given the circumstances, I strongly believe this account was opened by mistake. XXXX refusal to provide verification raises concerns about transparency and accurate reporting, and it has placed an undue burden on me, both financially and in terms of credit standing. 

Relevant Federal and State Legal Provisions Federal Statutes Fair Credit Reporting Act ( FCRA ) - Section XXXX : Procedures in Case of Disputed Accuracy ( XXXX U.S.C. XXXX ) This section requires that inaccuracies on credit reports be investigated within 30 days. If XXXX is unable to verify that I authorized this account, it must be removed from my credit report. I request XXXX ensures correction and removal of this unauthorized account. 
FCRA - Section 623 : Responsibilities of Furnishers of Information ( 15 U.S.C. 1681s-2 ) Section 623 mandates that data furnishers report only accurate information. Reporting an account that I did not open is a clear breach of this obligation.

Truth in Lending Act ( TILA ) - Section 128 ( b ) ( 15 U.S.C. 1638 ) The TILA mandates transparency in loan terms and account openings. Failing to provide documentation that substantiates my authorization for this account contradicts TILA 's requirements for transparency. 
XXXXctronic Fund Transfer Act ( EFTA ) - Section 907 ( a ) ( 15 U.S.C. 1693e ) This law requires authorization for electronic fund transfers. If any transactions have been initiated on this account without my consent, it would violate EFTAs protections.

Consumer Financial Protection Act ( CFPA ) - Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) ( 12 U.S.C. 5531 ) The CFPA prohibits unfair or deceptive practices. XXXX refusal to provide verification for an account opened without my consent meets CFPAs definitions of unfair practices. 
Federal Trade Commission Act ( FTC Act ) - Prohibition Against Unfair or Deceptive Acts ( 15 U.S.C. 45 ) The FTC Act allows action against unfair or deceptive financial practices. XXXX lack of transparency and documentation XXXX be considered deceptive. 
Fair Debt Collection Practices Act ( FDCPA ) - Protection Against Abusive Debt Collection ( 15 U.S.C. 1692f ) Although primarily for debt collectors, FDCPA standards on unfair practices also imply that XXXX should provide documentation for any account associated with my name. 
New York State Statutes New York General Business Law 349 - Deceptive Acts and Practices New York prohibits deceptive acts in consumer transactions. XXXX refusal to provide documentation for an account it claims I authorized constitutes deceptive practices, causing undue harm. 
New York General Business Law 601 - Prohibition Against Abusive Collection Practices This law restricts abusive debt handling practices, requiring transparency and valid documentation, which XXXX has failed to provide. 
New York Banking Law 9-f - Consumer Rights Protection for Banking Practices This law mandates fair treatment of New York consumers by financial institutions, ensuring they have access to documentation for any accounts opened under their name. 
New York Financial Services Law - DFS Enforcement Authority ( NY Fin. Serv. Law 404 ) The New York Department of Financial Services ( DFS ) has authority over financial institutions to enforce consumer protection. If my complaint remains unresolved, I am prepared to escalate it to DFS.

New York Personal Privacy Protection Law ( Public Officers Law 91-99 ) This law mandates accuracy in consumer data handling, prohibiting negligent reporting that leads to unauthorized or inaccurate sharing of information. 
New York Uniform Commercial Code ( UCC ) - Article 4A : Funds Transfers The UCC mandates that banks must follow agreed terms for funds transfers, and XXXX  lack of authorization for this account violates this provision under the New York-adopted UCC standards XXXX 

XXXX XXXX XXXX actions have breached multiple federal and New York State consumer protections. I expect a prompt response within the legally required 30 days, confirming that corrective actions have been completed. Failure to address this complaint satisfactorily will result in escalation to the New York State Department of Financial Services ( DFS ) and, if necessary, further action to protect my rights.

Thank you for your immediate attention to this serious matter. I look forward to a swift and equitable resolution. 

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