Debt collection -- Attempts to collect debt not owed -- Complaint #10988525

Complaint Overview

Complaint ID: 10988525

Company: Experian Information Solutions INC.

Product: Debt collection

Sub-Product: Credit card debt

Issue: Attempts to collect debt not owed

Sub-Issue: Debt was result of identity theft

State: Texas

ZIP Code: 75039

Date Received: 2024-12-01T12:00:00-05:00

Date Sent to Company: 2024-12-01T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

Formal Complaint Regarding Fraudulent Account, FCRA Violations, and Unauthorized Legal Actions by XXXX XXXX To Whom It May Concern at the Consumer Financial Protection Bureau, I am writing to file a formal complaint against XXXX XXXX concerning a fraudulent account opened in my name, improper reporting practices, violations of the Fair Credit Reporting Act ( FCRA ), and unauthorized legal actions taken against me. Background and Timeline of Events : 1. Initial Identity Theft Incident ( XX/XX/XXXX ) : - While attempting to purchase a vehicle, I noticed a significant drop in my credit score. - Upon reviewing my credit reports, I discovered several unauthorized accounts opened without my knowledge or consent. - I promptly filed an identity theft report with the XXXX Police Department ( Report Number : XXXX ) and submitted a detailed complaint to the Federal Trade Commission ( FTC ). 2. Implementation of Fraud Alerts ( XXXX ) : - To protect my credit, I requested and successfully placed a 7-year fraud alert with all three major credit bureaus : XXXX, Experian, and XXXX. - These alerts were intended to prevent any new unauthorized accounts from being opened in my name without stringent verification processes. 3. Unauthorized XXXX XXXX Account ( XX/XX/XXXX ) : - Despite the active fraud alerts, a fraudulent account was opened with XXXX XXXX under my name, accruing unauthorized charges totaling {$7400.00}. - XXXX XXXX records indicate acknowledgment of this account being fraudulent, yet no effective measures were taken to resolve the issue on their end. 4. Improper Charge-Off Reporting : - My Experian credit report shows that XXXX XXXX charged off the fraudulent account. - According to IRS guidelines, a creditor who charges off a debt is required to issue a Form 1099-C ( Cancellation of Debt ) to the debtor. I have never received such a form from XXXX XXXX. - Furthermore, XXXX XXXX continues to report this charged-off account negatively on my credit reports, which is adversely affecting my credit score and financial reputation. 5. Unauthorized Collection and Legal Actions : - Contrary to the acknowledgment of the fraudulent nature of the account, XXXX XXXX initiated collection efforts against me. - A lawsuit was filed in an attempt to collect the alleged debt, resulting in a default judgment due to my unawareness of the legal proceedings. - These actions have caused significant stress, financial strain, and have unjustly held me responsible for a debt I did not incur. Violations Noted : - Fair Credit Reporting Act ( FCRA ) Violations : - Failure to accurately report information and correct known errors in my credit file. - Continued reporting of a fraudulent account despite evidence and acknowledgment of identity theft. - Negligence in conducting a reasonable investigation upon notification of the dispute. - IRS Reporting Violations : - Failure to issue a Form 1099-C upon charging off the alleged debt, as required by IRS regulations . Impact on Me : - Financial Hardship : - Denial of credit opportunities and higher interest rates due to damaged credit. - Unwarranted legal fees and costs associated with defending myself against the wrongful lawsuit. - Emotional Distress : - Significant stress and XXXX resulting from continuous collection attempts and legal actions for a debt I did not incur. - Reputational Damage : - Harm to my credit reputation, which affects both personal and professional opportunities. Steps I Have Taken to Resolve the Issue : - Provided copies of the police report and FTC identity theft report to XXXX XXXX. - Notified XXXX XXXX of the fraud alerts placed on my credit files. - Disputed the fraudulent account with all three credit bureaus, attaching all supporting documentation. - Attempted to communicate with XXXX XXXX 's fraud department to resolve the issue amicably. Conclusion : The actions of XXXX XXXX have caused undue hardship and are in direct violation of federal laws designed to protect consumers. I kindly request the CFPB 's assistance in resolving this matter promptly to prevent further damage to my financial well-being. Attachments : - Copy of the XXXX Police Department Identity Theft Report. - FTC Identity Theft Affidavit. - Correspondence with XXXX XXXX acknowledging the fraudulent account. - Copies of credit reports showing the erroneous entries and charge-off. Thank you for your time and consideration. I am available to provide any additional information or documentation required to facilitate this investigation. Sincerely, XXXX XXXX

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This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.

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