Consumer complaint received 2024-11-23 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: Kikoff Inc.
State: CA

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX SSN : XXXX XXXX : XXXX Phone Number : XXXX Complaint number XXXX Subject : Dispute Regarding Your Investigation and Decision Dear XXXX, I XXXX writing to formally dispute your response to my identity theft claim, as communicated in your email. I maintain that your investigation into this matter is insufficient and does not satisfy the requirements set forth under the Fair Credit Reporting Act ( FCRA ) or other applicable laws protecting consumers from identity theft and fraud. 

Your decision appears to rest on the assertion that the account information you have on file matches the disputed information. However, this reasoning overlooks a critical fact : the information you are relying on is fraudulent, as it was provided by an individual who stole my identity. Merely verifying that the fraudulent information matches your records does not constitute a reasonable investigation. Instead, it confirms that the fraud was successfully executed using my stolen identity, which further validates my claim. 

Legal Basis for My Dispute 1. Failure to Conduct a Reasonable Investigation Under the FCRA ( 15 U.S.C. 1681i ), you are required to conduct a reasonable investigation into consumer disputes. A reasonable investigation must include an assessment of the context and evidence provided by the consumer, not solely a comparison of the fraudulent data you already hold. In this case, you were provided with : A police report confirming that my identity was stolen. 
An FTC Identity Theft Affidavit substantiating my claim. 
By disregarding these materials and failing to investigate how the account was fraudulently created, your investigation falls short of the FCRAs standards. 
2. Neglect of Key Evidence The documentation I provided ( police report and FTC affidavit ) is legally recognized evidence of identity theft. Your decision does not reflect any consideration of these documents, which demonstrates a lack of thoroughness in your process. This omission undermines the validity of your conclusion.

3. Unfair Practices Under Federal and State Laws Your refusal to address the fraudulent nature of the account creation may also violate state consumer protection laws, including those prohibiting unfair and deceptive practices. Dismissing the fraud despite clear evidence shifts an undue burden onto me as the victim, exacerbating the harm caused by the identity theft.

My Request Given the above, I formally demand the following actions : 1. That you reopen my claim and conduct a full and reasonable investigation in accordance with the FCRA.

2. That you take the provided police report and FTC Identity Theft Affidavit into account as evidence of fraud.

3. That you provide me with a clear explanation of the steps you took during your initial investigation and how those steps meet the standard of a reasonable investigation under the FCRA.

If these actions are not taken, I will have no choice but to pursue further legal remedies. This may include filing a lawsuit to seek appropriate relief for the harm caused by your refusal to address this identity theft claim properly. Additionally, I reserve the right to seek damages for any continued reporting of this fraudulent account to credit bureaus, which constitutes inaccurate reporting under the FCRA.

I request your written response within 10 business days of receipt of this letter.

Company response to consumer: Closed with explanation