Consumer complaint received 2022-12-07
Company: EQUIFAX, INC.
State: IL
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:
I am very frustrated that the included information below in my credit profile and that the credit bureaus have failed to maintain reasonable procedures in operations to assure the maximum possible accuracy in the credit reports being published. Credit reporting laws ensure that bureaus report only 100 % accurate credit information. Every step must be taken to ensure the information reported is accurate and correct. Recently I did an investigation on my credit report which caused severe XXXX and found unverifiable, invalidated, inaccurate, and questionable items that your agency didnt make sure were reporting 100 % correctly. 
Im a natural person my name is XXXX XXXX and the credit bureaus have violated my rights. 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 as accurate, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, deleted from the file of the consumer. If you can not provide me a copy of verifiable proof within 15 days after your investigation, you must remove the accounts and the information listed below. Ive sent out dispute letters, and they never sent me evidence supporting my dispute to resolve any issues. You have NOT provided me a copy of ANY original documentation required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ) ( a consumer contract with my original wet signature on it ) and under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified. The law is very clear as to the Civil liability and the remedy available to me for negligent noncompliance ( Section 617 ) if I fail to comply. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. I do not want any of the Credit bureaus to update any more information, they had their chance to verify everything several times and now litigation will come if these items are not deleted!!!!

Re : Method of verification Highly Requested Under 15 U.S.C. 1681i ( 7 ) Method of verification As a consumer, I request to know all the steps your agency took to insure these items were 100 % accurate under 15 U.S.C. 1681i ( 7 ) Method of verification- Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph 15 USC ( 6 ) ( B ) ( 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 ; by not later than 15 days after receiving a request from the consumer for that description. 
Who in your company verified these accounts? How did they verify them? Please provide me with the name of the individual, business address, and telephone number of the person or business contacted during your reinvestigation. 
Items Highly Requested 1. The name of the original creditor. 2. The creditors address and telephone number. 3. The persons name they verified the dispute with. 4. Valid documentation is used to validate the dispute. 5. Also, the procedures your company has in place to ensure each account is 100 % correct which I doubt. 6. IF YOU CANT PROVE IT YOU MUST REMOVE IT OR PAY {$1000.00} per VIOLATION YOU ARE COMMITTING.

The following information is required. Please fill out the form below in its entirety.

1. Name and address of Alleged creditor : 2. Name on the file of the 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? 9. Amount Paid if the debt was purchased : 10. Commission for a debt if collection efforts are successful : Please attach copies of the following : 2. Agreement with your client that grants XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX the authority to collect 3. this alleged debt.

4. Original wet ink Signed agreement Debtor has made with the Debt Collector, or another verifiable proof Debtor has a 5. contractual obligation to pay a Debt collector.

6. Any agreement that bears Debtor 's original wet ink signature, wherein agreed to pay Creditor.

7. All statements while this account was open.

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

9. O Yes 10. O No 11. Have any Judgements been obtained by any creditor regarding this account?

12. O Yes 13. O No Please provide me the name and address of the bonding agent for 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, 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 15 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. 
Accounts : 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 RE : You Violated the United States Code Law ( TILA 15 U.S. Code 1666 ( b ) billing error ) Recently I checked my credit report and noticed multiple billing errors under 15 U.S. Code 1666 ( b ) billing error ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

( 4 ) The creditors failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor.

( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement.

As I know the creditor didnt notify me 21 days before with a statement so there should be no late payments on this account. I demand to see hard solid proof from the creditor bank account that I didnt pay and was marked late because this is clearly a billing error.

The items below should all be updated to paid as agreed on my consumer report. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX As a consumer by law, these accounts on this letter must be updated or deleted immediately or I will seek monetary compensation for violation of my rights in small claims court in my city and state under 15 USC 1681n civil liability because Ive been violated. Also, we have already been involved and sent this letter to the Complaint portal for ( Consumer Financial Protection Bureau, State Attorney Generals Office, Better Business Bureau, and Federal Trade Commission ).

NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FCRA 15 U.S. CODE 1681n Civil Liability for willful noncompliance and 15 U.S. Code 1681o Civil liability for negligent noncompliance and 15 U.S. Code 1692k civil liability.

INCLUDING RELIEF AND MONETARY DAMAGES UNDER FCRA SECTION 616 & SECTION 617 This letter is a formal complaint that you are reporting inaccurate and incomplete credit information. Under 15 USC 1611 " THIS REPORTING AGENCY '' is criminally liable Your Registered Agent also received a Notice of Pending Litigation and Notice of Default with the opportunity to cure.

Recently checked my credit reports and realized your agency and this debt collector is in violation of 15 U.S. Code 1681a ( 3 ) Restriction on sharing of medical information. Except for information or any communication of information disclosed as provided in, the exclusions in paragraph ( 2 ) shall not apply concerning information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services.

And 15 US Code 1681b ( 4 ) Limitation on redisclosure of medical information Any person that receives medical information under paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.

Under 15 U.S.C. Sec. 1681i ( a ), you must complete this reinvestigation within 15 days, and you must delete the items from my credit file immediately. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX RE : Your agency Violated my rights to privacy. Previous Letter I gave you a chance to delete this item. Now, this is my last attempt before I take legal action. The law you are violating is here. The civil liability law which I will sue under is here. 
Under 15 USC 1611, THIS REPORTING AGENCY is criminally liable. NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FCRA SECTION 616 & SECTION 617. YOUR REGISTERED AGENT IS SERVED NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FCRA 15 U.S. CODE 1681n Civil Liability for willful noncompliance and 15 U.S. Code 1681o Civil liability for negligent noncompliance and 15 U.S. Code 1692k civil liability.

You have no legal standing against me Pursuant 15 U.S. Code 1692i ( b ) ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. I will be filling for a default judgment and entering a class action for violation, stress, and mental anguish, and at least 1 % of the company under TILA 1640 or any other damages under 1692k This letter is a formal complaint that you are reporting inaccurate and incomplete credit information. Under 15 USC 1611 XXXX, XXXX is criminally liable 15 U.S. Code 1681 ( a ) ( 4 ) - Congressional findings and statement of purpose ( Consumer Right to Privacy ) ( a ) Accuracy and fairness of credit reporting. Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy.

Failure to Comply or delete these items 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 concerning any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( 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}.

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 concerning 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.

Under 15 US Code 1681a ( 4 ) as a consumer, I have the right to privacy and this bankruptcy must be deleted from my consumer report or I will seek monetary damages in small claims court in my city and state. Also, I already sent this letter to the Consumer Financial Protection Bureau, Attorney Generals Office, Better Business Bureau, and Federal Trade Commission. 
REF : XXXX XXXX XXXX BANKRUPTCY REF : XXXX XXXX XXXXXXXX BANKRUPTCY REF : XXXX XXXX XXXXXXXX BANKRUPTCY REF : XXXX XXXX  XXXX BANKRUPTCY This agency violates 15 U.S.C. 1692G. They were to notify me of this in writing 5 days prior, but 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. Your Registered Agent also received a Notice of Pending Litigation and a Notice of Default with an opportunity to cure.

RE : You Violated the United States Code Law 15 U.S.C. 1681 ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) FURNISHING reports in connection with credit or insurance transactions that are not initiated by the consumer.

After pulling a copy of my Consumer credit report I noticed that your agency is in multiple violations and Im entitled to monetary compensation under FCRA 15 U.S. Code 1681s2 - 15 U.S.C. 1681 ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) FURNISHING reports in connection with credit or insurance transactions that are not initiated by a consumer ( Inquires ) - ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer under subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance.

( 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.

Under FCRA 15 U.S. Code 1681n ( b ) ( B ) in the case of liability of a natural person for obtaining a consumer report under 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 ( 2 ) a such number of punitive damages as the court may allow.

I did not initiate any of these inquiries furthermore if you feel like I did please send me copies of my written signature giving consent to this matter, please.

The items below should all be removed from my consumer report under 15 US Code 1681 ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ). 
XX/XX/XXXXXXXX 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 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 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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  By FCRA,15 U.S. Code 1681e ( b ) Compliance procedures I am requesting this information to review for completeness and accuracy, and appropriateness. If you fail to comply with this request and send all documentations that prove you have seen and were sent valid documentation to say these items are 100 % accurate you will be held liable under 15 U.S. Code 1681n and 15 U.S. Code 1681o Civil liability for negligent noncompliance.

Please note that you have 15 days to complete this investigation, as per the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within ( 5 ) days of the completion of your re-investigation and I am keeping a careful record of your actions, including your Method of Verification. I do not consent to e-Oscar or any means of automated verification.

Failure to respond satisfactorily within 15 days of receipt of this complaint may result in a small claims action against your company, seeking {$5000.00} per violation for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violations of the Fair Credit Reporting Act 4. ) Financial Injury 5. ) PENALTY OF PERJURY 6. ) Violations of 15 U.S.C 1692g 7. ) 15 U.S.C 1692a abusive practices 8. ) 15 U.S. Code 1681b - Permissible purposes of consumer reports 9. ) 15 U.S. code 1681 4A B2 Misleading False Reporting Refer to 18 U.S. Code 242- Deprivation of Rights under color of law. Also, refer to U.S. Code 241- Conspiracy against rights, your company, and the creditor equals two or more persons conspiring against my rights and privileges secured to me by the U.S. Constitution.

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 famish an account without my written instructions. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation