Consumer complaint received 2023-10-02
Company: EQUIFAX, INC.
State: PA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
I, XXXX XXXX XXXX, am verifying that this is XXXX XXXX XXXX and there is no need to ask for validation. 

RE : You violated the United States Code Law 15 U.S Code 1681 a ( 4 ) Consumer Right to privacy You are reporting fraudulent accounts that aren't actually mine, which is an infringement of my privacy. Congress said I have the right to decide what I deem private. I deem my hard inquiry and account information to be private and I DO NOT WANT THIS INFORMATION SHARED ON MY CREDIT REPORT. 

FDCPA 807 misleading false reporting THE INFORMATION YOU ARE REPORTING WOULD LEAD A FUTURE CREDITOR TO BELIEVE I APPLIED FOR ALL THESE INQUIRIES & accounts, when in reality it wasn't me, it was a scammer. Reporting these false things is very misleading. You are in violation because you did not witness me sign for these inquiries or accounts, so you can't actually verify that they are accurate, but yet you still reported these things to my credit report which goes against the FCRA laws for FAIRNESS. 

15 USC 1681 n Civil liability for willful noncompliance You willfully accepted this credit information about me without verifying with your own two eyes that it was me who applied for this credit. Willful compliance is punishable up to {$1000.00} per violation.

18 U.S. Code 1028A - Aggravated identity theft You shared my information with numerous creditors without getting my consent first. you are criminally liable for aggravated identity theft which is punishable for up to 2 years.

15 U.S. Code 6802 ( b ) 1 ( ) ( a ) ( A ) ( B ) ( C ) - Obligations with respect to disclosures of personal information DIDN'T DISCLOSE TO ME THAT I HAD THE RIGHT TO OPT OUT OF THIS INFORMATION BEING SHARED. THAT WAS VERY deceptive OF YOU. You never explained to me that I can exercise a nondisclosure option. I feel like my consumer rights have been violated, and I have been taken advantage of.

FDCPA 8012 furnishing deceptive forms You furnished these inaccurate inquiries and accounts as if they were accurate when they were never validated according to GAAP, so you don't even know if these accounts are accurate, but yet you still took it upon yourself to report this inaccurate information. 
Also, you reported that I owe a 'debt ', but nowhere on my credit report do I see a Negative balance, ( I don't see a negative sign in front of any numbers, only positive ). By you telling me I owe a " debt '', but reporting positive balances to my credit report is very deceptive. 

15 U.S. Code 1692f. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

There is no law that says I have to pay a bill.

( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

This company sent letters to me with a LOGO on it instead of their address. That is a SYMBOL that they are a debt Collection business.

15 U.S. Code 1602 - Definitions and rules of construction ( e ) The term " person '' means a natural person or an organization.

( f ) The term " credit '' means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.

Under 15 USC 1681s-2 this agency is in violation because they furnished information relating to me to the consumer that was inaccurate. I told them that this was inaccurate and they still reported it to my credit report.

I AM THE ORIGINAL CREDITOR AND I DO NOT GRANT YOU THE RIGHT TO DEFER ANY PAYMENTS TO ME. 15 U.S Code 1681 a ( 4 ) Consumer Right to privacy You are reporting very private matters on my credit report. The FCRA says that the consumer has sole say so over matters I deem to be private to me. I happen to find matters about where I APPLIED TO, AND WHO I " OWE '' MONEY TO, to be very private. By you sharing this information, I have developed a very bad Paranoia that I have to take medication for. You are liable for all damages that I suffered because of your illegal activities.

FDCPA 806 harassment in abuse I feel very harassed and abused by your actions. I already contacted the creditors and told them that these accounts were inaccurate, but they still reported negatively to my credit report without my consent. Every time I log in and check my credit report and see these inaccurate items on my credit report, I feel much abused. Creditors keep calling and sending letters to me about these mysterious " debts ' that are not validated by the original creditor, which makes me feel very harassed.

Section 1581a ( 3 ) defines Identity Theft as fraud committed using identifying information of another person.

These creditors illegally obtained my information without my true consent and they obtained credit from other financial institutions using my information. This is identity theft.

15 U.S. Code 1692b ( 2 ). Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall- ( 2 ) Not state that such a consumer owes any debt ; but yet these debt collectors contacted these third-party credit reporting agencies with my information including my address ( location ) and they told them I owed a " debt '' that they reported to my credit report illegally.

15 U.S. Code 1666b. Timing of payments Nowhere in the TILA, FCRA, FDCPA does it define a Late Payment, but yet you are reporting " late payments '' to my credit report. that is very inaccurate and deceptive. Let 's not forget, it is your job to only report accurate Information. You are breaking FCRA LAWS.

15 U.S. Code 1605 - Determination of finance charge 15 USC 1605 defines a finance charge as the sum of all charges in a consumer credit transaction.

15 USC 1692d ( 1 ) A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of violence or other criminal means to harm the physical person, reputation, or property of any person.

This bad debt that is furnished to my credit report is ruining my reputation, and it is defamation of character. attached my consumer report as an exhibit.

15 U.S. Code 1692j -Furnishing Certain Deceptive Forms I am the original creditor. I am not participating in this collection of debt, so any contract that I signed is a violation of 15 USC 1692j.

15 USC 1692h- Multiple Debts If payments were made on an alleged debt that was not valid. I request the return of those payments to be mailed to me by check.

15 U.S. Code 1692g - Validation of debts 1 am the original creditor, ONLY I CAN VALIDATE ANY DEBTS. I do not validate these debts or accounts. You tried to trick me into thinking you are the original creditor when in reality, ONLY I CAN EXTEND CREDIT so therefore I am the original creditor. These debts don't exist, they must be removed.

15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

Under 15 U.S Code 1681b permissible purposes of consumer reports I never gave you any written consent to report anything on my consumer report no consent is identity theft.

I, Elijah Luis Martinez, the natural person did not consent to, authorize nor benefit from any of the following inquiries OR accounts.

They are inaccurate, please block and remove them. I already filled out FTC reports # 164369133, which is attached. My identity was stolen and fraudulent inaccurate accounts were applied for in my name without my consent. Also, these credit reporting agencies reported this false misleading information on my credit, which goes against the FRA laws., I understand that under 15 U.S. Code 1681c-2 you must complete this reinvestigation AND BLOCK OR UPDATE ALL information.

RESULTING FROM identity theft within 4 days of receipt of this letter. If you leave these items on my credit report, then THAT IS AGAINST THE LAW. You will be criminally and civilly liable for all the fees listed in my invoice attached. Please remove all fraudulent accounts as I have no knowledge of any of these accounts due to the Equifax XXXX XXXX data breach/ identity theft. All are being investigated by the FTC and CFPB. 
According to FCRA 605B this information must be blocked immediately until the investigation is over.

Also 15 USC 1681n defines Civil liability for willful noncompliance in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; I will accept payment in the form of a check. Please compensate me within 24 hours of receiving this dispute letter.

Under 15 U.S.C. 1681g I have the right to demand that you disclose to me all the documents that you have recorded and retained in your file at the time of the request concerning the accounts that you are reporting on my credit report.

Under 15 USC 1681b - permissible purpose of consumer reports THE LAW CLEARLY STATES ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

****IMPORTANT **** PLEASE DON'T RESPOND TO MY REQUEST BY SAYING THAT THESE ACCOUNTS HAVE BEEN VERIFIED BY THE INFORMATION PROVIDER. SEND ME COPIES OF THE DOCUMENTS THAT YOU HAVE RETAINED IN YOUR FILES THAT YOUR COMPANY USED TO VERIFY THE ACCURACY OF THESE DISPUTED ACCOUNTS.

Company response to consumer: Closed with non-monetary relief