Consumer complaint received 2023-07-14
Company: EQUIFAX, INC.
State: MO
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
This letter is in response to your recent claim regarding the information was verified and accurate. Yet again, you have failed to provide me with a copy of any viable evidence, bearing my signature, showing the account is being reported accurately. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested. Additionally, please provide the name, address, and telephone number of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof, bearing my signature. As per FTC opinion letter from Attorney XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute verification. I am again formally requesting a copy of any documents, bearing my signature, showing that I have a legally binding contractual obligation to pay you the alleged amount. Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is inaccurate and incomplete, and represents a very serious error in your reporting. I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the Consumer Financial Protection Bureau and the Attorney Generals office, should you continue in your, non-compliance of federal laws under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the corresponding local state laws. I further remind you that you may be liable for your willful non-compliance. Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my signature may result in a small claims action against your company.

The Privacy Act of 1974, as amended, 5 U.S.C. 552a, establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained.

No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ).

What are the violations of the Privacy Act of 1974?

The Privacy Act allows for criminal penalties in limited circumstances. An agency official who improperly discloses records with individually identifiable information or who maintains records without proper notice, is guilty of a misdemeanor and subject to a fine of up to {$5000.00}, if the official acts willfully.

Under the Privacy Acts disclosure provision, agencies generally are prohibited from disclosing records by any means of communication written, oral, electronic, or mechanical without the written consent of the individual.

I have not supplied proof under the doctrine of estoppel by silence, Engelhardt v. Gravens ( mo ) 281 SW 715, 719, I presume that no proof of the alleged debt, nor therefore any such debt, in fact therefore exist.

I would be seeking a minimum of {$1000.00} in damages per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) You will be required to appear in a court venue local to me, in order to formally defend yourself. My contact information is as follows : P.S. Please be aware that depending upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action. CC : Consumer Financial Protection Bureau CC : Attorney Generals Office CC : XXXX XXXX XXXX In accordance with the Fair Credit Reporting Act Credit Collection Service # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, # XXXX, has violated my rights, 15 U.S.C 1681 section 602 A. states, I have the right to privacy. 15 U.S.C 1681 Section 604 A. Section 2 : it also states a consumer reporting agency can not furnish an account without my written instructions.

Company response to consumer: Closed with explanation