Consumer complaint received 2019-04-10
Company: EQUIFAX, INC.
State: NY
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:
THIS IS NOT A DUPLICATE COMPLAINT!!! 

I filed a complaint on XX/XX/2019 COMPLAINT # XXXX and it and it was closed on XX/XX/2019. THIS WAS OVER THE 30 DAY MARK ( 43 TO BE EXACT ) and that alone is reason to have this removed. They are only allowed 30 Days per FCRA TIMELINE AND LAW. 

Secondly this is about the results from the original complaint, XXXX came back two accounts were verified and the other two bureaus could not verify the accounts. So I asked the question, how could EQUIFAX do a verification, when the information/documentation was't available to XXXX and XXXX. They receive the exact same information from the exact same original creditor. EQUIFAX has misrepresented the facts to me and the CFPB. 

i THINK REQUESTED IN THIS NEW COMPLAINT TO RECEIVE THE DOUCMENTATION ETC. As allow within my rights by the FCRA and EQUIFAX has closed the complaint as a duplicate complaint, which it is not. I am bring into question the results and proof of said results. 

Equifax has now came back on another complaint with the genetic answer, they require more time. IF I AM REQUESTING THE DOCUMENTATION FOR THE INVESTIGATION, THAT WAS JUST COMPLETED. EQUIFAX SHOULD HAVE THE POSITION RESPONSE OF : " WE HAVE MAILED A COPY OF THE DOCUMENTATION ETC. THAT WAS USED TO VERIFY THE ACCOUNTS, AS THEY STATED THEY VERIFIED THE ACCOUNTS. WHAT INFORMATION ARE THEY SEARCHING FOR. THEY TESTIFED IN WRITING TO THE CFPB, THAT THE VERIFICATION WAS DONE. SO WHERE ARE THE DOCUMENTS AND INFORMATION I REQUESTED PER MY LEGAL RIGHTS? 

THIS WAS EQUIFAX RESPONSE TO THE COMPLAINT : Thank you for submitting your complaint on ( XX/XX/2019 ) through the CFPB Complaint Portal. In your complaint, you indicated there are inaccurate or incomplete items appearing on your Equifax credit report. We initiated an investigation into the items and the results are below : The current address has been added/updated per the information you have supplied. XXXX XXXX CT XXXX XXXX XXXX NY XXXX. These items have been deleted from the credit file : XXXX XXXX Bank, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX Card and XXXX XXXXk/XXXX. Account # XXXX : We verified that this item belongs to you. If you have additional questions about this item please contact : XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, GA XXXX. Account # XXXX : This item has been deleted from the credit file : XXXX XXXX. Account # XXXX : We verified that this item belongs to you. If you have additional questions about this item please contact : XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, LA XXXX. Account # XXXX : This item has been deleted from the credit file : XXXX XXXX XXXX Account # XXXX : This item has been deleted from the credit file : XXXX/XXXX. The results of the investigation have been mailed to you. If you have any additional questions or concerns in regards to the updates made to your Equifax Credit Report, please refer to the mailed revised copy or visit us at XXXX XXXX XXXX  or contact a Customer Service Representative at XXXX. 

It clearly states that two accounts were verified, so I exercised my rights per the FCRA and did the following request : I filed a initial dispute on XX/XX/2019. Case number XXXX and Equifax closed the case out on XX/XX/2019. Which is well over the 30 day time frame allowed by the FCRA. It is clearly stated that if the account can't be verified within 30 days it must be deleted and the Credit Bureau is allowed an additional 15,  for a total of 45 days. If the Consumer provides additional information after the dispute is opened. ( WHICH I DID NOT PROVIDE ANY ADDITIONAL INFORMATION ) This dispute started on XX/XX/2019 to XX/XX/2019 for a total of 48 days and on that alone, those two accounts should be deleted. ( Over 30  days ). The next point is point is XXXX and XXXX   were also involved in the dispute process and received the disputes in the same manner and exact same delivery. And yet the were unable to verify the accounts and removed the items from the credit file. How is that the other two bureaus, using the exact same XXXX XXXX XXXX. were UNABLE TO VERIFY the accounts and yet Equifax was able to verify the account???? These accounts were not verified by Equifax. This is Equifax response COMPANY 'S INTERIM RESPONSE Thank you for submitting your complaint on XX/XX/2019 through the CFPB Complaint Portal. In your complaint, you indicated there are inaccurate or incomplete items appearing on your Equifax credit report. We initiated an investigation into the items. This process generally requires us to send a request for ( verification electronically ) to each of your creditors that reported the information to Equifax, and this can take up to 30 days to complete. Once we receive all of the responses, we will send you a copy of the results and a revised copy of your Equifax credit report. It clearly states that it was a electronic verification, ( where it is assigned a code and just sent out, in the same manner as a email would be sent, electronically ) The file was just a code number and no real live contact was made, nor were any actual documents/contracts etc. with original live signatures provided or in the person of Equifax. It law clearly states that a electronic verification is not concerned a true and accurate investigation or accounting of the accounts. As prescribed by law and within the law, it states a electronic investigation is not excepted as a compliant form of investigation. This is XXXX XXXX as defined on their website : What is the XXXX method of investigation?. The Online Solution for Complete and Accurate Reporting, a.k.aXXXX XXXX   is an automated system that data furnishers ( the people who put your credit account information on your credit report ) and credit reporting agencies use to create and respond to consumer credit history disputes. When you go to the XXXX   website, you will see that they state : The system primarily supports Automated Credit Dispute Verification ( ACDV ) and Automated Universal Dataform ( AUD ) processing The automated credit dispute verification is their fancy way of saying that instead of the credit bureaus calling the creditors themselves to check the information a consumer is disputing, it's done electronically through a computer. Another violation, is that after receiving the identity theft report. Equifax didn't follow the legal procedures for blocking the accounts ans prescribed by law. If a consumer notifies you that he is a victim of identity theft, and gives you an identity theft report, you may not furnish information to a CRA regarding the fraudulent account or debt. FCRA 623 ( a ) ( 6 ) ( B ) On XX/XX/2019, the XXXX XXXX XXXX for the XXXX XXXX XXXX Illinois XXXX XXXX ruled in XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX ( XXXX ) that compliance with the federal Fair Credit Reporting Act ( FCRA ) requirement to investigate a dispute within 30 days does not satisfy the Fair Debt Collection Practices Act ( FDCPA ) requirement to promptly report a disputed debt. I have the right to request the method of verification and I am exercising that right now. What method of verification was done? What is the Name of the person, phone, job title and direct work address, that completed the verification? I request a copy of the Original documents with live signatures, that bind me to the accounts. In addition these documents should be in your trust, prior to reporting the accounts. The law states that the credit bureaus, shall not take a furnisher on face value, but must have the supporting documentation, prior to reporting the account. ( Another violation of my rights ). If you dont comply with the FCRA, you may be sued by the FTC, Consumer Financial Protection Bureau ( CFPB ), state governments, or in some cases, consumers and I will file a CIVIL CASE. The FCRA provides for maximum penalties of {$3900.00} per violation in the case of lawsuits brought by the FTC. FCRA 616, 617, 621 and there are at least 6 violation s of my rights. Equifax is paid by the data providers and due to that fact are openly violating my consumer rights!!!! 

I REQUESTED THE ORIGINAL DOCUMENT ( S ) WITH MY LIVE WET SIGNATURE ( BLUE INK ) BINDING MY TO THESE FINANCIAL DEBTS, I ALSO REQUESTED THE NAME OF THE PERSON ( S ) BUSINESS CONTACT PHONE NUMBERS, JOB TITLE, BUSINESS ADDRESS, THE PROCESS THAT WAS USED TO VERIFY THE ACCOUNT AND A AFFIDAVIT ON SWORN HANDS TESTING TO EVERYTHING REGARDING THE DOCUMENTS, RECEIVED FROM THE ORIGINAL CREDITOR AND THAT ARE TO BE DELIVERED TO ME, ARE TRUE AND ACTUAL MATTER FACTS!!! 

i HAVE CAUGHT EQUIFAX WITH THEIR HANDS IN THE COOKIE JAR AND THEY ARE NOW TRYING TO CLOSE THIS COMPLAINT AS A DUPLICATE, BECAUSE TO THE NATURE OF THIS COMPLAINT, IT REQUIRES THEM TO BE FORTH RIGHT AND DISCLOSE THAT THEY IN FACT DID NOT VERIFY THESE ACCOUNTS AND ONLY USED THE XXXX XXXX XXXX ( WHICH IN NO MORE THAN A BACK OFFICE EMAIL SYSTEM ) AND THE ORIGINAL DEBTOR ONLY RESPONSE IS " THIS IS THEIR ACCOUNT AND EQUIFAX TAKES THAT AS FACT '' WHEN ILLEGALLY PER THE FCRA THEY HAVE TO DOA ACTUAL INVESTIGATION, INCLUDING RECEIVE THE ORIGINAL DOCUMENTS WITH LIVE SIGNATURES, TO VERIFY A ACCOUNT. THE LAW CLEARLY STATES THAT A ELECTRONIC RESPONSE IN NOT A LEGAL INVESTIGATION, BASE THE THE CODE NUMBER THAT SOMEONE AT EQUIFAX ASSIGNS AND THEN SENDS IT OUT ELECTRONICALLY VIA THEIR BACK OFFICE ( XXXX XXXX XXXX. 

NOW EQUIFAX IS TRYING TO REMOVE THIS COMPLAINT DUE TO THE DIRECT LINE OF QUESTIONING AND DIRECT LEGAL REQUEST FOR DOCUMENTATION ETC. 

I WANT THIS MATTER ADDRESSED, THEY CAN REMOVE THE ITEMS OR MY NEXT STEP WILL BE TO FILE A CIVIL COMPLAINT FOR EACH VIOLATION, INCLUDING THE FINES AND MY PERSONAL DAMAGES AND THEY CAN PAY A ATTORNEY TO COME BEFORE THE COURTS AND THEN PRODUCE THE DOCUMENTS, WHICH THEY CAN NOT. BECAUSE THESE ARE NOT MY ACCOUNTS. 

I AM NOT GOING AWAY AND I AM WILLING AND MORE THAN ABLE TO PREPARE THE CIVIL COMPLAINT DOCUMENTS AND TAKE THIS TO COURT. I WORK IN THE COURT SYSTEM EVERYDAY AND KNOW MY WAY AROUND THE COURTS VERY WELL!!! 

THE STOP THIS CAT AND MOUSE GAME, REMOVE THE ITEMS AND NOT HAVE ME EXPOSE EQUIFAX, AS A LIAR, FRAUD AND A COMPANY THAT MISREPRESENTS FACTS, IN A PUBLIC COURT!!!! 


THIS IS NOT A DUPLICATE COMPLAINT, I CLEARLY CHECK THE BOX THAT STATES, MY COMPLAINT IS ABOUT THE INVESTIGATION PROCESS, THE RESULT AND THAT MY PROBLEM WAS NOT FIX!!!! 

I AM NOT ALLOWING THEM TO SWIPE ME UNDER THE RUG. I AM NOT GOING AWAY. THEY HAVE TOO AND WILL RESPECT MY LEGAL RIGHTS OR WE ARE GOING TO COURT, I HAVE NOTHING TO HIDE. I WILL CALL FOR A FULL ACCOUNTING OF THEIR VERIFICATION PROCESS, BEFORE THE COURTS AND LET SEE IF THEY ARE FOLLOW EVERY STEP OF THE PROCESS TO THE LETTER. 

THE BURDEN OF PROOF IS ON EQUIFAX NOT ME!!!

Company response to consumer: Closed with explanation