Consumer complaint received 2023-12-15
Company: EQUIFAX, INC.
State: NJ
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:
THIS ACCOUNT WAS REPORTED AS IDENTITY THEFT TO THE FTC ON XX/XX/XXXX and XX/XX/XXXX. THE FTC REPORT WAS SUBMITTED TO THE CRAs to include XXXX, XXXX XXXX and Equifax ; including my identification. I have never had a XXXX XXXX XXXX. My true name is XXXX XXXX XXXX XXXX Not XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

The CRAs have failed to remove this account even though there has been a FTC report filed and submitted proper identification. They are violating my consumer rights as well as my rights that are protected under the FCRA regulations : 12 CFR 1022.3 Definitions. Identity theft means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent could be considered Identity theft.15 U.S. Code 1681c2 - Block of information resulting from identity theft. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.

15 U.S. Code 1681e - Compliance procedures. ( a ) Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance. In general.Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure.Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies. ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors.A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. Once you notify the consumer agencies that there is inaccurate information they must immediately stop reporting that information until they can prove that it is valid.

Company response to consumer: Closed with explanation