Consumer complaint received 2024-02-23 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: Exeter Finance, LLC.
State: NY

Complaint narrative:
User Can you change this message using New York FCRA identity theft fraud laws Subject : Unauthorized Credit Reporting and Demand for Resolution Reference to Federal and New York Laws Dear EXETER FINANCE LLC I am writing to address blatant violation regarding the unauthorized reporting of information to my credit report, as confirmed by the Fair Credit Reporting Act ( FCRA ) under Sections 1681b ( a ) ( 2 ), 1681c ( a ) ( 2 ), and 1681s-2 ( a ), the Texas Finance Code under Sections 392.301 and 392.305, and identity fraud laws, specifically Texas Penal Code Section 32.51 . 
It has unequivocally come to my attention that EXETER FINANCE LLC has already engaged in unauthorized reporting to my credit report without obtaining my explicit consent. Federal law, as outlined in the FCRA, explicitly mandates that the consent of the consumer is a non-negotiable requirement for such reporting activities under Section 1681b ( a ) ( 2 ).

In addition to federal law, Texas state law, specifically Section 392.301 of the Texas Finance Code, emphasizes the necessity of consumer consent for credit reporting. Furthermore, Section 392.305 of the Texas Finance Code establishes clear guidelines for the fair reporting of consumer credit information. Simultaneously, identity fraud laws, such as Texas Penal Code Section 32.51, underscore the severity of unauthorized access and misuse of personal information. 
I assert with unwavering certainty that I have not provided consent for EXETER FINANCE LLC to report any information to my credit report. This undeniable lack of explicit permission constitutes a blatant violation of my rights, resulting in potential damage to my creditworthiness and an unequivocal disregard for federal and state laws. 
I demand, with the utmost certainty, that EXETER FINANCE LLC immediately ceases any further reporting of information to my credit report without obtaining my explicit consent, as mandated by Section 1681b ( a ) ( 2 ) of the FCRA and Sections 392.301 and 392.305 of the Texas Finance Code. Failure to comply within the stipulated 30-day timeframe will be viewed as willful noncompliance, subject to penalties under applicable laws, including identity fraud laws. 
I emphasize that obtaining consent is not a discretionary choice but a legal obligation under these specific sections of the FCRA, Texas state law, and identity fraud laws. This is not a negotiation ; it is a demand for compliance with both federal and state regulations, protecting consumers like myself from unauthorized and damaging credit reporting. 
I anticipate your immediate attention to this matter and expect that EXETER FINANCE LLC will promptly rectify these egregious violations, respecting my rights under federal and state laws. 

Done in good faith. 
XXXX Subject : Cease Unauthorized Credit Reporting : Violation Notice Under New York FCRA Identity Theft Fraud Laws Dear EXETER FINANCE LLC, I am reaching out to address a serious issue regarding the unauthorized reporting of information to my credit report, which is in direct violation of both federal and New York state laws, particularly the Fair Credit Reporting Act ( FCRA ) and New York 's identity theft fraud laws. 

It has come to my attention that EXETER FINANCE LLC has been engaging in unauthorized reporting to my credit report without obtaining my explicit consent, as mandated by the FCRA under Sections 1681b ( a ) ( 2 ), 1681c ( a ) ( 2 ), and 1681s-2 ( a ). This action not only breaches federal law but also contravenes New York 's specific regulations concerning identity theft and fraud.

Under New York FCRA identity theft fraud laws, it is imperative that consumer consent is obtained prior to any credit reporting activities. The unauthorized access and misuse of personal information, as observed in this instance, are serious offenses under New York law. 

I want to unequivocally state that I have not provided consent for EXETER FINANCE LLC to report any information to my credit report. This lack of explicit permission constitutes a clear violation of my rights, with potential ramifications for my creditworthiness, and demonstrates a blatant disregard for both federal and New York state laws. 

I demand, without reservation, that EXETER FINANCE LLC immediately halts any further reporting of information to my credit report without obtaining my explicit consent, as required by the FCRA and New York 's identity theft fraud laws. Failure to comply within the specified 30-day timeframe will be regarded as willful noncompliance, subject to penalties under applicable laws, including New York 's identity theft fraud statutes. 

I want to emphasize that obtaining consent is not optional but a legal obligation under both federal and New York state regulations. This is not negotiable ; it is a demand for adherence to the law, aimed at safeguarding consumers like myself from unauthorized and detrimental credit reporting practices. 

I expect your immediate attention to this matter and trust that EXETER FINANCE LLC will promptly rectify these egregious violations, thereby respecting my rights under federal and New York state laws. 

This communication is made in good faith.

Company response to consumer: Closed with explanation