Consumer complaint received 2025-06-16 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: FIRST NATIONAL BANK OF OMAHA
State: TN

Complaint narrative:
I received a notification on my credit files showing XXXX collection accounts reporting with XXXX XXXX XXXX XXXX account numbers ending in XXXX & XXXX in the amounts of {$26000.00} and {$6900.00}. I disputed this fraudulent account with the credit bureaus, attached a ftc identity theft report, and police report showing that Im a victim of identity theft. The credit bureaus informed me that they sent the dispute with the documents to this company over 4 months ago. I have no knowledge of this account nor any involvement with XXXX XXXX XXXX XXXX nor the ORIGINAL CREDITORS which are First National Bank of Omaha XXXX XXXX XXXX XXXX XXXX XXXX that has this debt. I have neither engaged in business transactions with them nor entered in any agreements with this creditor. Hence, it is unjustified for them to report these fraudulent accounts to the credit bureaus that I have no knowledge of. The debt of validation documents that I requested for these fraud accounts have fraudulent information on both accounts. The address on the credit card statement and loan document is a FRAUDULENT ADDRESS that I've never resided at. This situation infringes upon my rights as a consumer, as outlined by the FCRA and FDCPA. In accordance with the Fair Debt Collection Practices Act, I am asking you to stop collection proceedings against me and stop communicating with me about this debt per the Fair Credit Reporting Act. I also ask that you notify the business where the account was opened and tell them the debt is the result of identity theft. I have enclosed a copy of the Consumer Financial Protection Bureaus Notice to Furnishers of Information. It explains your responsibilities under the Fair Credit Reporting Act ( FCRA ). This collection agency is violating federal laws and regulations not acknowledging a consumer that is a victim of identity theft. You CAN NOT make a consumer liable for a debt that has provided you with a valid ftc identity theft report and valid police report per law. XXXX XXXX XXXX is knowingly violating federal consumer protection laws by reporting false debt, refusing to properly investigate disputes, and engaging in deceptive and negligent reporting practices. Per the FACTA which strengthens the FCRA protections and requires businesses to protect consumer dates and take steps to prevent identity theft. 

Tennessee Fair Debt Collection Practices Act ( TFDCA ) 62-20-102 provides certain protections to victims of identity theft when dealing with debt collectors. 

Key protections for identity theft victims under Tennessee law related to debt collection : Prohibition of Unfair or Deceptive Practices : The Act generally prohibits unfair, misleading, or deceptive acts or practices by businesses or entities, which includes those directly or indirectly related to identity theft. 
Civil Remedies : Victims of identity theft can pursue legal action against violators of the Act to recover actual damages and, in cases of willful non-compliance, potential punitive damages as determined by the court.

Attorney 's Fees and Costs : If a victim successfully brings an action under the Act, they may also be awarded reasonable attorney 's fees and court costs.

Treble Damages : In cases of willful violations, the Act allows for recovery of treble damages ( up to three times the actual damages ). 
Reporting Requirements : Individuals who are victims of identity theft are encouraged to report the fraud immediately to protect themselves. This includes contacting affected accounts, completing fraud affidavits, and keeping detailed records of all interactions.

The Tennessee Debt Collection Practices Act ( TDPA ), part of the Tennessee Collection Services Act, regulates how debt collectors can operate in Tennessee. It aims to protect consumers from harassment and unfair practices during debt collection. A key aspect is the requirement for third-party debt collectors and debt buyers to register with the state, specifically with the Tennessee Collection Services Board .

Key aspects of the TDPA : Registration Requirement : Third-party debt collectors and debt buyers must register with the Tennessee Collection Services Board .

Prohibition of Unfair Practices : The TDPA prohibits debt collectors from engaging in conduct that harasses, oppresses, or abuses consumers.

Limitations on Communication : Debt collectors are limited in when and how they can contact debtors. For example, they can not contact debtors between XXXX XXXX XXXX XXXX XXXX unless the debtor agrees, and they must stop contacting debtors at work if requested. 
Restrictions on Content of Communication : The TDPA also restricts the content of communication, prohibiting the use of obscene or profane language, and the publication of lists of consumers who haven't paid debts ( except to credit reporting agencies ).

Enforcement : Consumers can file complaints with the Tennessee Attorney General 's Office if they believe a debt collector has violated the TDPA.

In essence, the TDPA provides a framework to ensure debt collection in Tennessee is conducted fairly and ethically, protecting consumers from abusive and deceptive practices. XXXX XXXX XXXX XXXX can also be sued for ( fraud, debts legitimacy, shoddy bookkeeping, emotional stress, credit damage, financial loss, negligence, and ( punitive damages by deliberate and reckless acts disregarding my identity theft rights ). Im attaching my current ftc identity theft report and police report to this complaint.

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