Consumer complaint received 2019-08-15
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Difficulty submitting a dispute or getting information about a dispute over the phone

Complaint:
I submitted a method of verification request to XXXX on XX/XX/2019. On XX/XX/2019, XXXX informed me that I would receive my method of verification into my erroneous bankruptcy information that they are reporting within 7-10 days.  XXXX admitted to illegally using my social security number without my authorization to obtain certain information. XXXX has also claimed that certain divisions of their company are not considered actual CRAs. Please see the details listed below. 

1. The FCRA only allows 5 days for this request. XXXX is therefore in violation of federal law. Reference : FCRA 611 ( a ) ( 6 ) and ( 7 ) 2. The request still has not been fulfilled as of XX/XX/2019. XXXX is once again in violation of federal law. Reference : FCRA 611 ( a ) ( 6 ) and ( 7 ) 3. In a previous correspondence with the CFPB and myself, XXXX admitted to using my whole social security number to allegedly access files about me in the PACER system. XXXX gave a vague description of where they obtained my social security number and furthermore, was never given my permission to use my social security number as I had no business or contract with XXXX. This is also in violation of federal identity theft laws. 

4. XXXX has stated in the previous CFPB complaint reply that their division that gathers public records is not a CRA, and therefore is not subject to the FCRA laws. 

Please reference the following ( specifically section ( p ) ( 1 ) : 603. Definitions ; rules of construction [ 15 U.S.C. 1681a ] ( f ) The term " consumer reporting agency '' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

( g ) The term " file, '' when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.

And take a look at this one closely, how and the XXXX can they tell you they are not a CRA, it says they are right here. 

( p ) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis. The term " consumer reporting agency that compiles and maintains files on consumers on a nationwide basis '' means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumer 's credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information.

( 2 ) Credit account information from persons who furnish that information regularly and in the ordinary course of business.

Company response to consumer: Closed with explanation