Consumer complaint received 2023-02-01
Company: EQUIFAX, INC.
State: TN
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:
Exhibit A Update My Personal Information XXXX XXXX Address XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  To Whom It May Concern : This is my second time writing you to update my personal information.

15 USC 1681 ( a ) ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

I demand a deletion of all personal identifiable information from my consumer credit report with the exception of : 1. My Full Legal Name : XXXX XXXX 2. My Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Please delete all other addresses, I can not receive mail or any correspondence nor do I have access to wany of these addresses please delete these outdated addresses and update the address with the one above. I demand my social security number and date of birth be removed from being displayed on the credit file for privacy reasons. Delete all information in the employer section.

Pursuant to the FAIR CREDIT REPORTING ACT 15 USC 1681 ( a ) ( 4 ), I am a federally protected consumer and I have a right to privacy. Not granting me my rights is in direct violation of 15 USC 1681 and all its subsections.

Please send an updated credit report once the changes are complete to my contact information listed.

My contact information is as follows : Name : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXSincerely, XXXX XXXX Exhibit B Permissible purpose of consumer reports To Whom It May Concern : This notice is to inform you that you unlawfully reported an unauthorized account on my consumer report. I have not given you written permission to put anything on my credit profile. You have no permissible purpose by law to contact third parties with my private or personal information. Your offenses amount to Aggravated Identity Theft pursuant to 18 U.S.C. 1028A. You have knowingly transferred, possessed, or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment, in addition to civil liability. 
I am writing this letter to dispute and file a Complaint the following accounts XXXX XXXX XXXX XXXX XXXX  open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX This agency is in violation of 15 USC 1692g. They were to notify me of this in writing 5 days prior, I was not. As the original creditor only, I can validate this debt. I do not validate this debt. Therefore, the following accounts must be deleted from my report.

Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : 1. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act 15 USC 1692g violations 4. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] Thank you, XXXX XXXX Exhibit C IDENTITY THEFT To Whom It May Concern : This notice is to inform you that you unlawfully reported fraudulent accounts that arose from IDENTITY THEFT that you did not verify as required by law on my consumer report.

15 USC 1681b ( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding inquiries ; Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.

The Following Inquires are a result of Identity theft and was not initiated by me, I demand that they are DELETED immediately : My identity has been stolen you are hereby put on notice.

Aggravated Identity Theft pursuant to 18 U.S.C. 1028A.

( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.

An identification of me has been used without my permission to open several accounts that have damaged my reputation and damaged my mode of living because you furnished a consumer report without my written permission as stated by Federal Law 15 USC 1681b Permissible purpose of consumer reports.

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. 
XXXX, Equifax, XXXX have aided this Fraud by not verifying these accounts.

Congress states 15 USC 1681 Fair Credit Reporting Act ( a ) Accuracy and fairness of credit reports ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
List Account/s here : XXXX XXXX XXXXXXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX open XX/XX/XXXX Balance XXXXInquires Pursuant 15 U.S. Code 1681c 2 - 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.

I have attached all the relevant documents pursuant the above Section of the law. I demand all the above Fraudulent accounts DELETED immediately. I Demand an updated copy of my Consumer file reflecting these changes ( 15 USC 1681 c-1 2 Access to free reports ) ( 2 ) Access to free reports In any case in which a consumer reporting agency includes a fraud alert in the file of a consumer pursuant to this subsection, the consumer reporting agency shall ( A ) disclose to the consumer that the consumer may request a free copy of the file of the consumer pursuant to section 1681j ( d ) of this title ; and Be Advised I will CC The Bureau of Consumer Protection Financial ( CFPB ), FTC, XXXX  Attorney Generals Office in your state and Mine. 
Thank you, XXXX XXXX Enclosed : copy of ID, Utility Bill showing proof of address, Copy of Social Security Card FTC identity theft Report Police report Exhibit D DEBT VALIDATION LETTER Validation of a Debt Request Pursuant to 15 USC 1692g. 
BE ADVISED, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g stating your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request your offices provide me with competent evidence that I have any legal obligation to pay you. 
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major credit bureaus ( XXXX, Equifax or XXXX XXXX this action may constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : violation of the Fair Credit Reporting Act, violation of the Fair Debt Collection Practices Act, and Defamation of Character ( per se ).

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information, during which time all collection activity shall CEASE and Desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of information to a credit reporting repository/ agency that could be inaccurate or invalidated.

If your office fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file, and a copy of such deletion request shall be sent to me immediately. 
Sincerely, XXXX XXXX The Following information is required. Please fill out the form below in its entirety. 
1. Name and address of Alleged creditor : 2. Name on file of alleged debtor : 3. Alleged Account # : 4. Address on file for alleged debtor : 5. Amount of alleged debt : 6. Date this alleged became payable : 7. Date of original charge off or delinquency : 8. Was this debt assigned to a debt collector or purchased? ____ No ____Yes 9. Amount Paid if debt was purchased : 10. Commission for debt if collection efforts are successful : Please attach copies of the following :? Agreement with your client that grants COLLECTION COMPANY NAME the authority to collect this alleged debt.

? Signed agreement Debtor has made with Debt Collector, or other verifiable proof Debtor has a contractual obligation to pay Debt collector.

? Any agreement that bears the signature of Debtor, wherein agreed to pay Creditor.

? All statements while this account was open.

? Have any insurance claims been made by any creditor regarding this account?

o Yes o No? Have any Judgements been obtained by any creditor regarding this account?

o Yes o No Please provide me the name and address of the bonding agent for COLLECTION COMPANY NAME, in case legal action becomes necessary : Date : ________________ _________________________ Authorized Signature of Creditor You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 calendar days from the date of receipt of this letter.

Your Claim can not and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for Validation made pursuant to the Fair Debt Collection Practices Act.

Please allow 30 calendar days for processing after I receive this information.

Thank You. 
Exhibit E PERMISSIBLE PURPOSE LETTER To whom it may concern, I, XXXX XXXX, never gave XXXX, XXXX, and Equifax any verbal or written consent to report anything on my consumer report. No consent is Identity Theft. A copy of the law is attached with this dispute/ complaint. 
You also do not have any permissible purpose to furnish my personal information to any third party. 
15 USC 1681b Permissible purpose 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. 
As a consumer, I am demanding a deletion of the following account : XXXX XXXX XXXX XXXXXXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX Sincerely, XXXX XXXX Exhibit F Truth in Lending Act To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately. 
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX [ 15 USC 1681 ( a ) ( 2 ) ( B ) ] : ( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; So let me explain. Under the Truth in Lending Act 15 USC 1602 ( g ), credit card is defined as the following : The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. 
This makes my social security card, drivers license/ID, and license plate credit cards that are/were used for the extension of credit. 
I demand this account/s be deleted from my consumer report. 
Best regards, XXXX XXXX Exhibit G FCRA 605B ( 15 U.S.C. 1681c-2 ) To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately. 
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX ( a ) Block. 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 4business 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.

( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block.

( c ) Authority to decline or rescind.

( 1 ) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material Misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions.

( 2 ) Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title.

( 3 ) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block.

( d ) Exception for resellers.

( 1 ) No reseller file. This section shall not apply to a consumer reporting agency, if the consumer reporting agency ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft.

( 2 ) Reseller with file. The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information.

( 3 ) Notice. In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer Of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale.

( e ) Exception for verification companies. The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) of this section, a check services company shall not report to a national consumer reporting agency described in section 1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft.

( f ) Access to blocked information by law enforcement agencies. No provision of this section shall be construed as requiring a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this subchapter.

Best regards, XXXX XXXX Exhibit H THE UNITED STATES CONGRESSIONAL CODE TITLE 15, Par. 1681 To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately. 
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX ( a ) Accuracy and fairness of credit reporting. 
The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

( b ) Reasonable procedures. 
It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title. 
Best regards, XXXX XXXX Exhibit I 15 U.S. Code 1681 -Congressional findings and statement of purpose To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately.

There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX Best regards, XXXX XXXX Exhibit J 15 U.S. Code 1681b Permissible purposes of consumer reports To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately.

( 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. 
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX Best regards, XXXX XXXX Exhibit K 15 U.S. Code 1681c -Requirements relating to information contained in consumer reports To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately.

( a ) Information excluded from consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX Exhibit L 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies To Whom It May Concern : I recently received a copy of my credit report and I noticed some account/s on my consumer report that should not be on there. I demand the below accounts deleted from my consumer report immediately.

( a ) Duty of furnishers of information to provide accurate information ( 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. 
XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX Best regards, XXXX XXXX Exhibit M FCRA 611, Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] Requirements relating to reinsertion of previously deleted material. 

To Whom It May Concern : This concerns the following accounts : XXXX XXXX XXXX XXXXXXXX open XX/XX/XXXX Balance XXXX XXXX XXXX XXXX XXXX XXXX XXXX open XX/XX/XXXX Balance XXXX The credit report shows this items was deleted from my credit file. Now I notice this item has been reinserted on my credit report. Under the requirements of the FCRA, as provided below, I am here by requesting your complete compliance with all of the provisions : FCRA 611, Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] Requirements relating to reinsertion of previously deleted material. Certification of accuracy of information. If any information is deleted from a consumers file pursuant to subparagraph ( A ), the information may not reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies the information is complete and accurate. If any information that has been deleted from a consumers file pursuant to subparagraph ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. Additional information. As part of, or in addition to, the notice under clause ( ii ), a consumer reporting agency shall provide to a consumer in writing no later than 5 business days after the reinsertion date. ( 1 ) a statement that the disputed information has been reinserted ; ( 2 ) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and ( 3 ) a notice that the consumer has the right to add a statement to the consumers file disputing the accuracy or completeness of the disputed information. I have received no such notification. This is a serious violation of the FCRA, and I reserve the right to pursue further action. Your company may avoid such action by immediately deleting this listing from my credit report.

Company response to consumer: Closed with explanation