Consumer complaint received 2018-08-02
Company: EQUIFAX, INC.
State: TX
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 is a FORMAL COMPLAINT again Equifax Credit Reporting Bureau as it relates to their reporting of allege collection reporting by XXXX XXXX XXXX in XXXX Florida. 
EQUIFAX has and is continuing to allow XXXX XXXX XXXX to report through their bureau with securing a BOND required by the Texas Secretary of State. XXXX XXXX XXXX bond lapsed in Texas on XX/XX/2016. Attached is the proof document from the Texas SOS website. The State of Texas REQUIRES that credit union do their due-diligence to make sure they have a BOND from debt collections. 

Please be advised that XXXX  XXXX XXXX is in violation of Section 392.101 of Texas Finance Code which prohibits a debt collector or credit bureau from engaging in debt collection in Texas unless the debt collector or credit bureau has obtained a surety bond and filed a copy of the bond with the Office of the Secretary of State. Furthermore, Sec. 392.301 ( a ) ( 4 ) of Texas Finance Code prohibits threatening to sell or assign to another the obligation of the consumer and falsely representing that the result of the sale or assignment would be that the consumer would lose a defense to the consumer debt or would be subject to illegal collection attempts. 

According to Section 392.001 ( 3 ) of the Texas Finance Code the term " Debt collector '' means a person who directly or indirectly engages in debt collection and includes a person who sells or offers to sell forms represented to be a collection system, device, or scheme intended to be used to collect consumer debts. The Texas Debt Collections Act applies to creditors attempting to collect their own debts. 

As a result of neglecting the requirement to have a BOND with the Secretary of State of Texas, XXXX XXXX XXXX is in violation of Texas Finance Code Section 392 as well as the Deceptive Trade Practices-Consumer Protection Act. Accordingly, I have filed a complaint ( see below ), with the Texas Attorney General Consumer Complaint Division as well as the Consumer Financial Protection Bureau. I demand the immediate removal of all traces of their tradeline and all reporting from my credit report with Equifax Credit Bureau because XXXX  XXXX XXXX as a debt collector has and continues to violate the aforementioned laws. 

Please also note Texas BCC17. I demand that XXXX XXXX XXXX or any of their affiliates will not sell, transfer, or assign this debt per Sec. 392.301 ( a ) ( 4 ). I demand that any responsive replies be only via US MAIL. Do not contact me by phone as it is inconvenient. Do not contact my family, acquaintances, or employer in any manner. 

Please note I am fully prepared to pursue my rights for the harm this blatant disregard and inaccuracy has done to me pursuant to Texas Finance Code Sec. 392.403. I am maintaining a careful record of  my communications with you for the purpose of seeking remedies provided to me under both state and federal laws should Equifax continue in their non-compliance under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Texas Finance Code Section 392 and the Deceptive Trade Practices-Consumer Protection Act. I further remind you that you may be liable for your willful non-compliance. 

As a credit reporting agency, they have violated federal law, by allowing XXXX XXXX XXXX to operate in the State of Texas without a bond and in so doing, have violated the Fair Credit Reporting Act. Failure on your part to immediately investigate and remove ALL existing XXXX XXXX XXXX trademarks and all reporting from my credit report will result in me taking swift small claims action against Equifax where I would be seeking a minimum of {$1000.00} in damages per violation for EACH XXXX XXXX XXXX trademark and/or reporting remaining in my credit report : I will be seeking legal remedies for violations again my person that include : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Credit 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 ). 

Please consider this a serious FORMAL Complaint about Equifax and their reporting practices. I take this very seriously and they should as well.

Company response to consumer: Closed with explanation