Consumer complaint received 2020-08-06
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
( a ) BlockExcept 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 XXXX business days after the date of receipt by such agency of ( XXXX ) appropriate proof of the identity of the consumer ; XXXX XXXX XXXX a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer ; and XXXX XXXX XXXX a statement by the consumer that the information is not information relating to any transaction by the consumer. 
XXXX b XXXX XXXX consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection XXXX a ) ( XXXX ) that the information XXXX be a result of identity theft ; ( XXXX ) that an identity theft report has been filed ; ( XXXX ) that a block has been requested under this section ; and ( XXXX ) of the effective dates of the block. 
XXXX XXXX XXXX XXXX to decline or rescind ( XXXX ) In XXXX consumer reporting agency XXXX decline to block, or XXXX 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. 
( XXXX ) Notification to consumer If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under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 XXXX ( a ) ( XXXX ) ( B ) of this title. 

( XXXX ) 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 ( XXXX ) No reseller fileThis section shall not apply to a consumer reporting agency, if the consumerreporting agency ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ), 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 XXXX report the identity theft to the XXXX to obtain consumer information regarding identity theft. 
( XXXX ) Reseller with fileThe 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 XXXX XXXX XXXX the consumer, in accordance with the provisions of subsection XXXX a ), identifies, to a consumerreporting agency, information in the file of the consumer that resulted from identity theft ; and XXXX XXXX XXXX the consumer reporting agency is a reseller of the identified information. 
( XXXX ) Notice XXXX carrying out its obligation under paragraph ( XXXX ), 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. 

XXXX XXXX XXXX XXXX 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 XXXX business days after receipt of information described in paragraphs ( XXXX ) through ( XXXX ) of subsection XXXX a ), a check services company shall not report to a national consumer reporting agency described in section XXXX ( 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 XXXX, XXXX, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this subchapter.

Company response to consumer: Closed with explanation