Consumer complaint received 2025-01-25 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: Ava Finance, Inc
State: GA

Complaint narrative:
Ava Financial, I am writing regarding your recent communication rejecting my identity theft claim and determining that my claim does not meet the criteria for validity. On XX/XX/XXXX I received an email from XXXX XXXX that you were now investigating. Then I get a email on XX/XX/XXXX from XXXX XXXX, less than 24 hours that the investigation was done. There is no way you did an a thorough investigation. I have provided you with a notarized FTC Identity Theft Report and affidavit under penalty of perjury, along with all supporting documentation as required by law. However, your response failed to include any documentation nor any affidavits of your investigation or the evidence used to substantiate your findings. 

Pursuant to your obligations under the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681s-2 ( b ), I am requesting : 1. A detailed description of the investigation conducted into my identity theft claim, including the methods used and the steps taken to validate the account in question. 
2. Copies of all documentation and evidence relied upon in determining that the account is not fraudulent. This includes, but is not limited to, any contracts, account applications, or records showing that I authorized the account.

3. The name and title of the individual who conducted the investigation and concluded the account is valid. 

As mandated by 15 U.S.C. 1681i ( a ) ( 6 ) ( B ) ( iii ), furnishers of credit information are required to provide such details upon request. If you are unable to provide this documentation, you are required to delete the disputed account and all associated balances immediately, as stipulated by 15 U.S.C. 1681i ( a ) ( 5 ). 

1681i ( a ) ( 6 ) : CRA must notify the consumer of the results of the investigation and provide a summary of the evidence used to make the decision.

1681c-3 : If fraud is confirmed, CRAs must block fraudulent information from the credit report within 4 business days after receiving a request along with an FTC identity theft report. 



Failure to comply with these requirements constitutes a violation of the FCRA and exposes your organization to liability for : Willful non-compliance under 15 U.S.C. 1681n, which includes actual damages, statutory damages, and punitive damages, along with attorneys fees and costs. 
Negligent non-compliance under 15 U.S.C. 1681o, which includes actual damages and attorneys fees. 

If you continue to report this account as valid without sufficient evidence, you will also be in violation of 15 U.S.C. 1681s-2 ( b ) ( 1 ) ( A ) - ( E ), which prohibits the reporting of inaccurate or unverifiable information. 

Please consider this letter a formal request to : Provide all requested information and evidence supporting your decision. 
Immediately delete the disputed account from my credit reports and cease all reporting to the credit bureaus if you can not substantiate your claim. 

Failure to respond to delete this fraudulent account. I will sue, XXXX XXXX and Ava financial. For willful noncompliance, and a failure to do an investigation. Being that XXXX XXXX is claiming to verify this account, but has yet submitted any documentation under penalty of perjury nor did she rebut my affidavit. XXXX needs to provide a notarized affidavit under penalty of perjury to rebut my affidavit, and FTC report since she were the man, a woman is claiming to have firsthand knowledge. Being I submitted a notarized affidavit during the dispute. If XXXX is not the one verifying, then the man and woman at Ava financial needs to reveal themselves and provide me all documentation used during the investigation and their name and notarized affidavit to lawfully rebut mine.

Company response to consumer: Closed with explanation