Consumer complaint received 2025-07-28 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: FIFTH THIRD FINANCIAL CORPORATION
State: GA

Complaint narrative:
I am writing to file an urgent and formal complaint regarding fraudulent accounts reported with several companies in my name : XXXX. XXXX XXXX ; XXXX. Fifth Third Bank ; XXXX. XXXX XXXX. All of these companies are reporting fraudulent information against my person on my credit reports, specifically XXXX. I am requesting that an immediate cease and desist on the reporting of this fraudulent information as it is inaccurate information, violating my rights under the FCRA.

Furthermore, under 15 U.S.C. 1681i, you are required to conduct a reasonable reinvestigation into the accuracy of the information in dispute. However, since this is an identity theftrelated request under 1681c-2, you must block the reporting of this item regardless of the outcome of a reinvestigation. Recent Case Law and Guidance : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), affirmed the obligation of CRAs to take immediate action upon notice of fraudulent information. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), clarified that both CRAs and furnishers of information can be held liable for failing to conduct proper investigations or for continuing to report known inaccuracies. FTC and CFPB guidance stress that consumers who provide a valid identity theft report are entitled to immediate blocking of the disputed tradeline, without delay or excuse from the CRA or furnisher. Accordingly, I am requesting that you immediately block and remove the account in question from my credit file under your legal obligations. 

Please confirm in writing that this account has been blocked and removed pursuant to the FCRA. If you fail to comply with this request within the time required by law, I reserve the right to file a formal complaint with the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), and to pursue legal remedies, including statutory damages under 15 U.S.C. 1681n and 1681o.

Fair Credit Billing Act ( FCBA ) : Disputing a Bill under FCBA : When a consumer disputes a billing error ( which can include charges that are unauthorized, incorrect, or for goods/services not delivered ), the FCBA requires the creditor to
investigate the dispute. Importantly, the FCBA states that a consumer is not required to pay the disputed amount while the creditor investigates. The consumer must still pay any undisputed portion of the bill. Process : The consumer must send a written dispute to the creditor within 60 days after the bill was sent. After receiving the dispute, the creditor must acknowledge it within 30 days and resolve the issue within 2 billing cycles ( but not more than 90 days ). During the dispute period, the creditor can not take legal action to collect the disputed amount and must not report the disputed debt as delinquent to credit bureaus. What if you pay? Paying a disputed amount voluntarily can sometimes complicate your rights under the FCBA, so it is generally recommended to pay only undisputed portions until the issue is resolved. Key point : You do not have to pay the disputed amount until the creditor resolves the dispute, but you must continue paying any undisputed charges to avoid penalties or credit damage. 

Fair Credit Reporting Act ( FCRA ) Overview : The FCRA governs how consumer credit information is collected, reported, and used. It includes provisions for consumers to dispute inaccurate or incomplete information on their credit reports. Relation to Disputed Bills : If a disputed bill relates to information reported on your credit report ( such as a debt listed by a collection agency or creditor ), you have the right under FCRA to dispute that item with the credit reporting agencies ( CRAs ). Upon dispute, the CRA must investigate, usually within 30 days, and notify the creditor. During the investigation, the creditor must verify the debt or correct the information if it is inaccurate. The disputed item can not remain on your credit report as accurate unless verified. Payment and Disputed Debt : The FCRA itself does not explicitly require or prohibit payment of a disputed debt ; it is more about the accuracy of credit reporting. However, under FCRA and related regulations, you have the right to dispute a debt while withholding payment until it is verified. 

Relevant Case Law : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : The court emphasized a consumers right to dispute inaccurate credit report information under FCRA and held that credit reporting agencies must conduct a reasonable investigation. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX This case clarified that under the FCBA, a consumers payment obligation for the disputed amount is stayed during the investigation period, but the consumer must pay undisputed amounts. 

XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : The court held that reporting inaccurate information to credit bureaus while a dispute is pending can violate the FCRA. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : Confirmed that consumers have a right under the FCBA to withhold payment of the disputed amount pending resolution. 

Additionally, XXXX XXXX, a company that is now in bankruptcy proceedings. This account was opened without my consent or knowledge, and its continued presence on my credit report is illegal and in direct violation of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and associated consumer protection laws. 

Despite repeated attempts to resolve the matter with the credit bureaus and XXXX XXXX, the tradeline remains, and I have received no response from XXXX due to their ongoing XXXX. Their non-responsiveness does not negate their legal obligation to report only accurate information and to respond to disputes, particularly when they involve identity theft.

Key Issues : A fraudulent solar financing account has been opened using my personal identifying information. I have no knowledge, involvement, or authorization related to this account. 

I have submitted a formal identity theft report with the FTC and filed a police report, which are enclosed. 

The account has been repeatedly verified by credit reporting agencies and continues to harm my creditworthiness. 

XXXX XXXX failure to respond or cooperate due to bankruptcy proceedings has further blocked proper redress.

Legal Grounds : Under 15 U.S.C. 1681c-2 of the FCRA, I have the legal right to request and obtain the immediate blocking of information in my consumer report that results from identity theft. I have fully complied with the statutory requirements to trigger this protection, including the submission of : A valid identity theft report ( FTC + police ) Proper identification and documentation A detailed written request for blocking the item Per the FCRA : A consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft 15 U.S.C. 1681c-2 ( a ) ( 1 ) Yet, to date, the credit bureaus and XXXX XXXX have failed to comply with this mandatory provision.

Further, continued reporting of this fraudulent account, particularly in light of the documentation Ive provided, may rise to the level of willful noncompliance, which is actionable under 15 U.S.C. 1681n and 1681o, entitling me to actual, statutory, and punitive damages. 

Request for Compensation : Due to the ongoing financial and emotional harm, I respectfully request that this complaint be used as part of a claim for compensatory damages under the FCRA. My credit score has dropped significantly due to this false tradeline, affecting my ability to secure housing, credit, and basic necessities. The willful failure to respond, compounded by XXXX XXXX bankruptcy silence, makes this an egregious violation.

Relief Sought : Immediate blocking and permanent deletion of the XXXX XXXX tradeline from all consumer credit reports.

Enforcement action against XXXX XXXX and/or its servicers or collectors, for failure to comply with FCRA obligations XXXX 

A directive to all relevant credit bureaus to cease and desist from reporting this account. 

Investigation into willful FCRA violations and consideration of civil penalties. 

Facilitation of a compensatory resolution for the harm I have suffered due to ongoing reporting, identity theft, and lack of access to responsive remedies. 

Enclosures : FTC Identity Theft Report Police Report Copies of dispute letters sent to credit bureaus Credit report excerpts with XXXX XXXX tradeline Documentation of XXXX XXXX XXXXXXXX  filings, if available I appreciate your attention to this serious and ongoing matter. I am a victim of identity theft, and this situation has been severely compounded by an insolvent and unresponsive creditor. I ask the CFPB to uphold my rights under federal law and take swift enforcement action.

Company response to consumer: Closed with explanation