Consumer complaint received 2023-03-14
Company: EQUIFAX, INC.
State: MD
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
A XXXX XXXX XXXX XXXX loan is erroneously appearing on my XXXX, Equifax, and XXXX credit reports. According to the reports, this account was opened on XX/XX/XXXX and the current status is Late. Despite requests sent in writing via US Postal Service in XX/XX/XXXX, and XX/XX/XXXX, XXXX XXXX has failed to supply a contract to which they are a party nor any other evidence to support the claim that this account is valid. They are in violation of the FCRA, TILA, and the Gramm-Leech-Biley Act Under the Fair Credit Reporting Act ( FCRA ), a consumer reporting agency is only allowed to furnish information about a consumer 's credit history with the consumer 's consent. Specifically, Section 604 of the FCRA states that a consumer reporting agency may only furnish a consumer 's credit report to those who have a " legitimate business need for the information '' and who certify that the information will be used for " permissible purposes. '' Section 604 also requires that the consumer be notified in writing of the request for the credit report and that the consumer has the right to know the nature and scope of the request. 

Furthermore, Section 607 of the FCRA requires that a consumer reporting agency maintain reasonable procedures to ensure that the information they report is accurate. If a consumer disputes the accuracy of any information on their credit report, the consumer reporting agency must investigate the dispute and correct any inaccuracies. 

Under Section 605B of the FCRA, a victim of identity theft can request that the credit reporting agencies block any information that is the result of fraudulent activity. Specifically, Section 605B ( a ) ( 1 ) states : " A consumer may notify a consumer reporting agency that the consumer disputes the accuracy of information in a consumer report on the consumer on the grounds that the information relates to a fraudulent transaction or to an account or to other products or services that were obtained as a result of identity theft. '' This includes items that were created by an imposter, or those that were created by the thief using my personal information. 

Furthermore, under Section 621 ( a ) ( 2 ) ( A ) of the FCRA, I have the right to submit a sworn affidavit to the credit reporting agencies stating that the information on my credit report is the result of identity theft. The affidavit should include a statement that I did not create the accounts or authorize the charges and that I am not responsible for them. I have attached a copy of the FTC 's Identity Theft Affidavit to this letter. 

In light of these laws, I respectfully request that any and all items on my credit report that are the result of identity theft be removed immediately. I did not consent to the reporting of fraudulent charges or accounts and therefore, they should be removed in accordance with Section 604 of the FCRA.

Company response to consumer: Closed with explanation