Consumer complaint received 2021-02-18
Company: EQUIFAX, INC.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Investigation took more than 30 days

Complaint:
More than 30 days have passed with no verifiable proof of the negative accounts, Duplicate accounts, Incorrect accounts, closed accounts, Derogatory accounts, Delinquent accounts and the unauthorized Inquiries belong to me. 
I am writing to the Consumer Financial Protection Bureau to inform you of an error on my credit report and I request Equifax provide me with verifiable proof or delete the record immediately as afforded to me by the Fair Credit Reporting Act, Section 609 ( A ) ( 1 ) ( a ). I have exercised my right under the Fair Credit Reporting Act, Section 609, to request information regarding the item that is listed on my consumer credit report, As per Section 609, I am entitled to see the source of the information, which is the original contract that contains my signature. 
( g ) A credit reporting agency shall provide written notice of the results of any reinvestigation under this subsection [ which ] shall include : ( 5 ) a description of the procedure used to determine the accuracy and completeness of the information, including the name, business address, and, if available, the telephone number of any person contacted in connection with such information Accordingly, the consumer ( XXXX XXXX XXXX ) did not provide written instructions to any companies listed on my credit file to pull a hard credit report as is required prior to Creditors pulling a consumer report, pursuant to 15 U.S.C. 1681b ( a ) ( 2 ) of the FCRA. 

On XX/XX/2020, ( see attached letter ) a letter was sent to Equifax to provide me with verifiable proof or delete the records immediately as afforded to me by the Fair Credit Reporting Act, Section 609 ( A ) ( 1 ) ( a ). By USPS Certified Mail, ( see attached notice ) Tracking Number : XXXX, this item was delivered at XXXX XXXX  on XX/XX/2020, in XXXX, GA. XXXX. As stated in Section 609 of the FCRA, A consumer reporting agency is required to remove or delete accounts that can not be verified. More than 30 days have passed and Equifax has NOT provided me with verifiable proof that the negative accounts belong to me. 

The courts hold that in order to fulfill its obligation under 1681i ( a ) a credit reporting agency may be required, in certain circumstances, to verify the accuracy of its initial source of information. Henson, 29 F.3d at 287. We further hold that [ w ] hether the credit reporting agency has a duty to go beyond the original source will depend on a number of factors. 

( a ) If the completeness or accuracy of any item of information contained in the consumer 's file is disputed by the consumer and the consumer notifies the credit reporting agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information on or before 30 business days after the date the agency receives notice from the consumer.

( e ) If, after a reinvestigation under subsection ( a ) of this section of any information disputed by the consumer, the information is found to be inaccurate or can not be verified, the credit reporting agency shall promptly delete such information from the consumer 's file Sections 1681n and 1681o of Title 15 respectively provide private rights of action for willful and negligent noncompliance with any duty imposed by the FCRA and allow recovery for actual damages and attorneys ' fees and costs, as well as punitive damages in the case of willful noncompliance. Philbin, 101 F.3d at 962.1 As I am aware, it is my right, according to Section 609 of the FCRA , to request a proper investigation into these inaccuracies. In particular, I am referencing Section 609 ( c ) ( B ) ( iii ), which lists the right of a consumer to dispute information in the file of the consumer under the model summary of the rights of consumers. As is my right, I am requesting all unverifiable accounts be removed immediately.

FCRA 611 ( 15 U.S.C. 1681I ) PROCEDURE IN CASE OF DISPUTED ACCURACY ( 5 ) Treatment of inaccurate or unverifiable information. ( A ) In general. If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall promptly delete that item of information from the consumer 's file or modify that item of information, as appropriate, based on the results of the reinvestigation. 

My letter asked Equifax to please remove all misspell names, previous, old unfamiliar addresses, and update my employers to my credit file and I do not want to be subjected to identity theft. I dont want anything other than the information listed below reporting on my credit file. 

My name is XXXX XXXX XXXX My Current address is XXXX XXXX XXXX XXXX XXXX, Ga XXXX My phone number is XXXX My Social Security number is XXXX DOB:XX/XX/XXXX My current employer is XXXX XXXX  As of todays date, Equifax has NOT sent me an updated copy of my credit report, which should have been sent to the address listed above. According to the provisions of, 612 [ 15 USC 1681j ] A consumer reporting agency shall provide a consumer report under paragraph ( 1 ) not later than 15 days after the date on which the request is received under paragraph ( 1 ).

See Attached : a copy of proof of my identity ( name, birth date, SSN, current mailing address ) a copy of the letter dated XX/XX/2020, requesting verifiable proof the accounts belong to me, copy of USPS Certified Mail Tracking Number : XXXX. 

Thank you for your help. 
XXXX XXXX XXXX

Company response to consumer: Closed with explanation