Consumer complaint received 2023-10-09
Company: EQUIFAX, INC.
State: OH
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I have notified the credit bureaus & XXXX of misreporting bytheir company in accordance with the Fair Credit Reporting Act. According to which, as the furnisher of the information in question, you have a grave responsibility of maintaining the accuracy of that information The following account ( XXXX  Account Number : xxxxxxxxxxxx XXXX ) is reporting a balance of ( {$7000.00} ) when it is my understanding an reason to believe that because this debt was charged off by you that it was memorialized with a Form 1099C as proof or evidence thereof. And that because of that fact, this debt is canceled and at least should not reflect the balance that is currently showing of ( {$7000.00} ) on my consumer file. This would indicate inaccurate reporting on your behalf and therefore is a violation by you the furnisher to continue to report this inaccurate information. Especially with my notice and knowledge confirmation of the errors.This incomplete and inaccurate reporting has had a negative impact on my creditworthiness for too long. To address this matter, I kindly request that you provide me with Form 1099-C, which is required as proof of debt cancellation according to IRS regulations.I have taken the initiative to ensure my financial records are accurate and up-to-date, and I believe that providing Form 1099-C is crucial to establishing the validity of this charge-off. It is my understanding that the absence of this form would render the charge-off entry incomplete and potentially inaccurate. If it is determined that the charge-off entry lacks proper documentation, I request that it be promptly removed from my credit report to ensure the accuracy of my credit profile. 



I XXXX XXXX presents evidence of what I believe to be deceptive and potentially unlawful practices by XXXX XXXX XXXX XXXXXXXX XXXX XXXX the creditor in this case. The evidence I provide below is a communication I received from XXXX XXXX XXXX XXXX, a service provider to XXXX XXXX, regarding the handling of an unverifiable debt account : [ Attach a copy of the communication EXHIBIT A ] In this communication, XXXX XXXX XXXX XXXX acknowledges that XXXX placed my account for collection on XX/XX/XXXX, and subsequently recalled it on XX/XX/XXXX. However, I would like to draw the attention to several concerning aspects of this communication : Deceptive Practices : The recall of the account and its subsequent sale to another entity, XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX raises concerns about the accuracy and completeness of the information provided to me XXXX XXXX XXXX Deceptive practices, including recalling an account without proper notice or resolution, may be in violation of the FDCPA, which prohibits unfair and deceptive debt collection practices.. 


Lack of Validation : Despite my explicit request for validation of the debt, XXXX XXXX XXXX XXXX XXXX its service provider XXXX, failed to provide any substantial documentation or verification of the debt. This failure to validate the debt as requested is a violation of my rights under debt collection laws. 


I believe that these actions by XXXX XXXXXXXX XXXX may be indicative of deceptive and potentially unlawful practices under the FCRA and FDCPA. By recalling the account and subsequently selling it to XXXX & XXXX XXXX for them to sue me for a debt that can not be validated by themselves : Case NO. XXXX, XXXX XXXX XXXX  may have circumvented the protections provided by these laws, thereby compromising my rights. XXXX XXXX XXXX ( XXXX  # XXXX ) is the Debt collection attorney suing me for a debt XXXX knownly lied about recalling account they sold just to resell it a few days later to another debt collection company. NO one at XXXX XXXX XXXX XXXX explain to me why a debt collection company is suing me for an unverifiable debt please CFPB help me i do not understand how they can do this.

IT'S NO Comments or Statements Saying This account was sold or purchased by two different entities which is a clear violation that need to be removed for the sake of the banking system and my creditworthiness I am contesting any information on my consumer report that is not true or documented. This includes any claims that have not been proven to be correct. I am doing this in accordance with the FCRA and the accepted STANDARD of metro 2 data field reporting.I can not recognize or accept the allegation of delinquency and derogatoriness without factual document proof. I challenge the reportability of these allegations because it is unsubstantiated. According to federal and state law, you must report any allegation accurately and completely. It is wrong to report any claims that you know or should know are against the law or regulations The account in violation listed above is not related to a transaction authorized by me, the consumer. This item has been FTC & CFPB reported since me consumer XXXX since the notice of the negative item on my consumer report. 

15 U.S. Code 1681c2 - Block of information resulting from identity theft ( 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 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.

( b ) Notification A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) ( 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. 

FTC Report was sent to your company Report Number : XXXX back in XX/XX/XXXX with all the needed information to block and remove these inaccurate and incomplete accounts your company willingly ignored my request as a consumer which is an violation of FCRA laws 15 USC 1681a ( d ) Consumer Report. 

( 1 ) In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; I THE CONSUMER GAVE NO PERMISSION WRITTEN EITHER ORAL OR SIGNED DISCLOSURE TO GIVE PERMISSION TO FURNISH THIS INFORMATION TO MY CONSUMER REPORT. WHERE & WHEN DID YOUR AGENCY RECEIVE PERMISSION TO FURNISH INFORMATION ON MY CONSUMER THATS NOT RELATED TO INFORMATION SOLELY AS TO TRANSACTIONS OR EXPERIENCES. VIOLATION OF FCRA ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.

Your Agency Has failed to do an accurate and fair investigation No interviews with neighbors, friends or associates to determine my general reputation or personal characteristics was conducted which is a clear violation under congress.

15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

The account listed above i found and proved to be inaccurate and incomplete after multiple disputes and it still reminded on my consumer report which is another violation and clear signs of neglect for consumers in your agency 15 USC 1681 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.

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

By Your Agency reporting this negative information, they are contributing to the inefficiency of the banking system and public confidence of us, the consumers. Your Agency is violating my right to privacy given to me by congress. This is also a violation of the Fair Credit Reporting Act and defamation of character.

15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 6 ) Notice of results of reinvestigation ( A ) In general a consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency.

( B ) Contents As part of, or in addition to, the notice under subparagraph ( A ), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph ( A ) ( i ) a statement that the reinvestigation is completed ; ( ii ) a consumer report that is based upon the consumers file as that file is revised as a result of the reinvestigation ; ( iii ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available ; I would like to receive a description of the procedures used to determine the accuracy and complete fairness of the information your agency found and used please include business names, addresses of any furnisher connected in connection with the information your agency receives. Your company is in violation for not following FCRA laws No procedure description was ever sent to me after every disputed item. REMOVE IT IMMEDIATELY.

15 U.S. Code 1681o - Civil liability for negligent noncompliance ( a ) 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; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

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 ; Your agency has violated all the above rights under the Fair Credit Reporting Act,15 U.S. Code 1681 Permissible Purpose of my consumer report.

15 U.S. Code 6801 - Protection of nonpublic personal information a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.

( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

YOUR AGENCY IS VIOLATING MY RIGHTS TO PRIVACY I want to make it clear that this is I, '' XXXX XXXX and not a credit repair company sending out this notice to you. I have attached proper identification to this notice. 

In case you didn't know, reporting invalidated information is fraudulent and a violation of both state are federal laws, so if this matter doesn't get resolved within the time allotted I am willing to take legal action to compensate for the damages I've sustained, because you've not only been willfully and continuously neglecting my request but also willingly violating the Fair Credit Reporting Act. Each Violation listed is actual damages sustained by the consumer as a result of your agency negligence to follow laws your agency will have to pay {$1000.00} for each violation. REMOVE ITEM LISTED Immediately or face litigation in federal court for all listed violations for monetary damages and defamation of character and harming my credit worthiness.

Company response to consumer: Closed with non-monetary relief