Consumer complaint received 2024-12-09 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Old information reappears or never goes away
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: TX

Complaint narrative:
Formal Analysis of TransUnion 's Data Breach and Violations of Federal Laws TransUnion, as a consumer reporting agency entrusted with safeguarding sensitive personal and financial information, has failed in its obligation to protect consumer data, resulting in a significant data breach. This breach exposed the personal identifying information ( PII ) of millions of individuals, including Social Security numbers, financial account details, and credit histories. By failing to implement adequate security measures and misrepresenting its data protection protocols, TransUnion violated multiple federal laws designed to protect consumers, financial institutions, and the integrity of the financial system. 

1. Wire Fraud ( 18 U.S.C. 1343 ) and Mail Fraud ( 18 U.S.C. 1341 ) TransUnion knowingly transmitted false assurances about its data security systems via electronic communications and written correspondence, including privacy policies, to consumers, lenders, and regulatory agencies. These communications claimed that TransUnion employed robust cybersecurity measures to protect consumer data. In reality, the company failed to implement basic safeguards, leaving its systems vulnerable to unauthorized access. The breach occurred because TransUnion 's data security protocols were grossly inadequate, and the affected consumers relied on these misrepresentations to entrust the company with their sensitive data. 

Further, by sending inaccurate credit reports and other materials containing compromised information through the mail, TransUnion engaged in mail fraud. The dissemination of inaccurate and outdated credit reports, coupled with the failure to notify consumers of the breach in a timely manner, constitutes a fraudulent scheme that harmed both consumers and financial institutions. 

2. Bank Fraud ( 18 U.S.C. 1344 ) As a result of the data breach, criminals gained access to financial information used to defraud banks and financial institutions. TransUnion 's failure to secure sensitive consumer data directly facilitated the use of compromised PII to open fraudulent accounts, apply for loans, and conduct other financial frauds. By neglecting its duty to safeguard data, TransUnion effectively enabled the fraudulent acquisition of funds under the custody of financial institutions, which constitutes a violation of federal bank fraud statutes. 

3. False Statements to Federal Agencies ( 18 U.S.C. 1001 ) In the aftermath of the breach, TransUnion provided false or misleading statements to federal regulatory agencies, including the Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau ( CFPB ). The company downplayed the extent of the breach and misrepresented its compliance with federal privacy and security standards. By knowingly submitting false information during official proceedings or investigations, TransUnion violated federal laws prohibiting false statements to government agencies. 

4. Identity Theft Facilitation ( 18 U.S.C. 1028 ) The breach resulted in the theft of consumers ' personal identifying information, including Social Security numbers, addresses, and financial records. TransUnion 's gross negligence in maintaining secure systems directly facilitated identity theft, as criminals exploited the stolen data for financial gain. By failing to take reasonable measures to prevent unauthorized access to this data, TransUnion is complicit in the proliferation of identity theft crimes affecting countless consumers. 

5. Computer Fraud and Abuse Act ( 18 U.S.C. 1030 ) TransUnions inadequate cybersecurity protocols allowed unauthorized individuals to access protected computer systems containing sensitive consumer data. Under the Computer Fraud and Abuse Act ( CFAA ), this constitutes unlawful access to protected systems. By failing to implement the necessary safeguards and thereby enabling this unauthorized access, TransUnion violated federal law. This failure demonstrates willful neglect and a blatant disregard for the legal obligation to maintain secure systems. 

6. Racketeer Influenced and Corrupt Organizations Act ( RICO ) ( 18 U.S.C. 1962 ) TransUnions repeated actions of transmitting false assurances, failing to secure consumer data, and enabling fraudulent activities form a pattern of racketeering activity. The breach, coupled with ongoing misrepresentations to consumers and regulators, meets the criteria for racketeering under the RICO Act. These actions demonstrate systemic corruption and an enterprise engaged in ongoing unlawful conduct to maintain profits while disregarding consumer protection laws. 

7. Conspiracy to Defraud ( 18 U.S.C. 371 ) The coordination between TransUnionXXXX representatives and any entities involved in covering up the breach or delaying the notification process constitutes a conspiracy to defraud consumers and financial institutions. By agreeing to engage in actions that violate federal laws, including delaying breach notifications and downplaying the extent of the exposure, TransUnion participated in a conspiracy against the United States and its consumers. 

Conclusion TransUnions failure to protect consumer data, coupled with its deceptive practices and violations of federal law, represents a systemic failure that has caused significant harm to individuals and financial institutions. The breach exposed millions of consumers to identity theft, financial fraud, and lasting damage to their creditworthiness. Moreover, TransUnionXXXX actions violated federal criminal statutes, including Wire Fraud ( 18 U.S.C. 1343 ), Mail Fraud ( 18 U.S.C. 1341 ), Bank Fraud ( 18 U.S.C. 1344 ), False Statements ( 18 U.S.C. 1001 ), Identity Theft Facilitation ( 18 U.S.C. 1028 ), Computer Fraud and Abuse Act ( 18 U.S.C. 1030 ), Racketeering ( 18 U.S.C. 1962 ), and Conspiracy to Defraud ( 18 U.S.C. 371 ). 

These violations demand immediate investigation and accountability. Consumers and regulators must hold TransUnion responsible to ensure compliance with federal laws and restore trust in the financial and credit reporting system. 
Fair Credit Reporting Act ( FCRA ) Violations ( 15 U.S.C. 1681 et seq. ) : TransUnion failed to maintain maximum possible accuracy in consumer reports as required by 15 U.S.C. 1681e ( b ). It reinserted previously deleted, disputed accounts into credit reports without proper notification and without verifying the accuracy of the information, violating 15 U.S.C. 1681i ( a ) ( 5 ) ( B ), which mandates consumer notification and certification of accuracy before re-reporting deleted data. TransUnion also failed to properly investigate disputed inaccuracies, disregarding 15 U.S.C. 1681i ( a ), which requires a reasonable reinvestigation of disputed items. These failures directly harmed consumers credit profiles and financial opportunities.

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 non-monetary relief