Consumer complaint received 2020-10-28
Company: EQUIFAX, INC.
State: IN
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: Their investigation did not fix an error on your report

Complaint:
1. Mr XXXX in XXXX had alarm service for his home with XXXX. 
2. XXXX continued to allow its employees to discriminate on Mr XXXX on direct basis of his XXXX. 
3. XXXX used Mr XXXX XXXX symptoms to justify not fixing the alarm service and breach their contract with Mr XXXX. 
4. XXXX refused to fix an issue where the alarm service was not working and doing what it was intended. 
5. Mr. XXXX informed XXXX that he no longer wanted the services given that XXXX refused to provide adequate services. 
6. XXXX trued collecting a debt for them breaching their own contract with Mr. XXXX. 
7. XXXX got XXXX XXXX to illegal collect a debt. 
8. XXXX XXXX XXXX was made aware of their illegal debt collection on numerous occasions by Mr XXXX in writing and over the phone and made them aware of their illegal conduct of the ongoing financial exploitation. 
9. XXXX XXXX then gave the debt to XXXX XXXX XXXX. 
10. XXXX XXXX XXXX was also made aware on numerous occasions and in writing of the same facts and laws XXXX XXXX provided XXXX XXXX XXXX. 
11. XXXX XXXX XXXX refused to stop with their ongoing financial exploitation of a XXXX individual with knowledge of the law and Mr XXXX rights. 
12. XXXX XXXX XXXX in their illicit conduct has caused other interference to services and housing, which violates the Fair Lenders, Creditors and borrowers Act rights of Mr XXXX, as well it violates the Americans with XXXX XXXX, Federal Fair Housing Act and Federal Rehabilitation Act. 
13. XXXX, XXXX XXXX XXXX, and XXXX XXXX XXXX ( all located in Utah ) allowed their employees to continue with ongoing financial exploitation, mental abuse, discrimination, bias and prejudice, and interference with accessibility to services and society. 
14. XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX working in concert with the Credit Bureaus knowingly, improperly, and with deliberate indifference to Mr XXXX established Federally protected rights also knowing it is a crime to exploit Mr. XXXX financially and concealing that fact is also a crime. 
15. Federal law ( 42 USC 407 ( a ) ) protects Social Security benefits even after deposited into a claimant 's bank account. Title II, Section 208 of the Social Security Act of 1935 provides the most broadly applicable exemption. It exempts Social Security benefits from all legal process, including garnishment. This situation does show further interference with services in for a XXXX person by these illicit mannerisms. 
16. The statute provides broad protection from any practice rendering benefits 'subject '' to " legal process. '' The XXXX opposed XXXXXXXX XXXX claim of exemption, arguing that under code of civil Procedure section 704.080, only Social Security funds directly deposited into a bank account by the government are protected by the exemption. ( All further statutory references are to the code of civil Procedure unless otherwise specified. ) 17. True, under section 704.080, subdivision ( b ), a judgment debtor, who receives Social Security payments by direct deposit, does not need to prove that the funds are exempt ( up to certain amounts ).

18. Section 704.080, by providing such automatic exemption for direct deposit amounts, provides additional protection to Social Security payments that are directly deposited. But neither section 704.080, nor any other legal authority cited by the parties, supports the interpretation that section 704.080, subdivision ( b ) eliminates the availability of the 42 united States code section 407 ( a ) exemption as to Social Security payments that are not directly deposited into a bank account. 
19. If funds are directly deposited by the government, there is no need to trace their source. ( See Kilker et al., v Stillman G048473 ( Super. ct. No. 30-2008-00106524 ) ). 
20. XXXX, Equifax, and XXXX have been made aware of these issues and the legal aspect and has deprived Mr XXXX his rights under Federal law and laws enacted by Congress and allowed the illegal debt collection and made a fraudulent report. 
21. The Respondents actions as described herein were taken in accordance with their beliefs of someones rights, their policy, and/or practice acting in their employment and /or position or created job title. 
22. Mr XXXX rights were further violated by the Respondents and the Respondents Supervisory Officials when, based upon custom, policy, and/or practice, the Supervisors failed to take adequate steps to either train or show compliance to a XXXX individuals rights under the U.S. law. 
23. Mr. XXXX continues to suffer the results of the extensive abuses he was subjected to by Respondents whose illegal action have interfered with services of places of public accommodations and have shown that their actions has caused Mr. XXXX a high rate to accessibility to services. 
24. All Credit Bureaus have been made aware on numerous occasions of the aforementioned crimes and have refused to remedy the issues that violate Mr XXXX Federally protected rights and the financial exploitation of a vulnerable XXXX individual. 
25. The ongoing issues also violates the Federal Trade Commission Act ( FTC Act ) 15 U.S.C. 45 et seq., Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. ; and the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq. 
26. Financial fraud is one of the fastest growing forms of abuse targeting seniors and adults with XXXX. According to the National Adult Protective Services Association, 1 in 20 older adults reports some form of financial mistreatment. Financial Exploitation is a felony .. 
27. Emotional AbuseInflicting mental pain, anguish, or distress on a vulnerable person through verbal or nonverbal acts. Emotion abuse is also considered battery or assault on the State and Federal level.

28. ExploitationIllegal taking, misuse, or concealment of funds, property or assets of a vulnerable person. Identity theft is also considered a form of exploitation. Exploitation is a federal and state level felony. 
29. The illegal debt created has interfered with housing and even medical services and other services in society.

30. The 14th Amendment and as well the Bill of Rights guaranteeing both the XXXX plaintiffs the rights to life liberty and the pursuit of happiness. which also applies to a XXXX individual 's rights to their own dignity and personal autonomy in that right to life and to deprive them of that right to price them of their rights to life. 
31. The `liberty ' mentioned in the Fourteenth Amendment means, not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties ; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation ; and for that purpose to enter into all contracts which may be proper, necessary, and essential to his carrying out to a successful conclusion the purposes above mentioned. 
32. All the parties of this complaint have not allowed a XXXX person to be free in the enjoyment of all Mr XXXX faculties. 
33. The Respondents of this complaint have received numerous valid oppositions and continue to interfere with the enjoyment of all Mr XXXX rights ( 28 C.F.R. 35.134 / 42 U.S.C. 12203 ) 34. XXXX people are an insular minority under the opinion of Congress. When Congress originally passed the ADA, it was clear that it was using all of its constitutional powers. This manifested in two provisions : most expressly, where Congress stated that it was invoking the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities. ( See Americans with Disabilities Act of 1990 2, 42 U.S.C. 12101 ( b ) ( 4 ) ( 2006 ). ) And in the original ADA, Congress included a finding that individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society. ( Id. 12101 ( a ) ( 7 ) ) ( See also Title 42 THE PUBLIC HEALTH AND WELFARE Chapter 126. EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Section 12101 Findings and purpose i.e. 42 U.S.C. 12101 ( Pub. L. 101336, 2 July 26, 1990,104 Stat. 328 ; Pub. L. 110325, 3, Sept. 25, 2008, 122 Stat. 3554. ) 35. This language may have been intended to express Congresss view that people with disabilities were entitled to some form of heightened scrutiny under the Equal Protection Clause or, at the very least, draw attention to a history of segregation and discrimination. ( 9 See Brown v. N.C. Div. of Motor Vehicles, 987 F. Supp. 451, 457 ( E.D.N.C. 1997 ) 36. People with disabilities constitute a minority group in every legitimate sense of the word. They face discrimination and have their lives limited by socially constructed barriers to full participation. But their minority status is not regarded as entirely comparable to that of ethnic minorities, people of different colors, religions, faiths or national origins.

37. While people with disabilities have made significant strides toward true integration, their progress has been suppressed by societys conception of people with disabilities as broken people, damaged people, inferior people. Civil rights are reserved for others while people with disabilities are made to make due with limited civil rights, qualified civil rights, conditional civil rights.

38. People with disabilities are members of a minority group, but it is an orphan minority, a subordinate minority.

39. It is a Federal crime to interfere with the access of a disabled individuals housing.

Company response to consumer: Closed with explanation