Consumer complaint received 2019-06-13
Company: EQUIFAX, INC.
State: SC
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:
Equifax, XXXX, and XXXX is reporting a Chapter XXXX Bankruptcy on my credit report. I have sent them four individual, certified letters asking them to verify this information. Each time, each credit reporting agency will say that the information was verified through the Bankruptcy Court and/or a third-party vendor, XXXX, but no one has sent me proof or contract or court documents of an active bankruptcy because one simply does not exist. Each time, they would only send me a credit report with no additional information. Ive asked the credit reporting agencies with whom they spoke with at the Bankruptcy court to verify this information. Once again, they just sent me a credit report stating the information was verified. 

I contacted the Bankruptcy Courthouse of where they stated the information was stored and located. I spoke with Bankruptcy Deputy Clark on XX/XX/XXXX. I inquired about them giving information to the credit reporting agencies. The Bankruptcy Deputy Clerk informed me that they do not provide bankruptcy information to any of the credit bureaus. I also got this in writing ( see attached paperwork dated XX/XX/19 ). 

In reference to Equifax, XXXX, and XXXX stating that they verified this information through a 3rd party vender called XXXX, I dont understand how they did that. I also have attached a copy of a letter from XXXX showing that I have a security Freeze on my XXXX credit report. So, it's impossible for the credit reporting agencies to verify this information with XXXX. Plus, it's against the Law for them to report information from 3rd parties, unless they have signed documents with my signature on it, by law they must delete this item. 

I have sent the three credit reporting agencies a copy of the letter from the Bankruptcy Court and XXXX. However, they are still stating that the bankruptcy is being verified through the court system and XXXX. 

Due to the following reasons, the Bankruptcy needs to be deleted from each of my credit report immediately : 1. They stated they have verified the information with Bankruptcy court. Thats not true per the attached letter. ( see attached letter ) 2. They stated that they have verified the information with XXXX. Thats not true due to my XXXX account being frozen. ( see attached letter ) 3. They have never sent me paperwork verifying/validating the Bankruptcy is mine. 

Per the FCRA 623 ( a ) ( 5 ) " If the Credit Bureau can not VALIDATE the information with the ORIGINAL CREDITOR, they must remove the said information from the consumer file. Under the FCRA, section 609 ( a ) ( 1 ) ( a ), you are required by federal law to verify through physical verification of the original signed consumer contract and or judgement on all accounts and public records that you post to anyone 's credit report. Otherwise, anyone paying for your reporting services could fax, mail, email in fraudulent and erroneous account information. 

Its obvious that the credit reporting agencies are not verifying, but falsifying information. 

Due to the credit reporting agencies falsifying information by staying that the Bankruptcy was verified via the Bankruptcy Courthouse and/or XXXX, I request that this information be deleted immediately. Bankruptcy Rule 9037 states- " PERSONAL IDENTIFICATION DEFINED AS INDIVIDUALS SOCIAL SECURITY & TAXPAYER IDENTIFICATION NUMBERS, NAMES OF MINOR CHILDREN, LAST FOUR DIGITS OF FINANCIAL ACCOUNT NUMBERS, AND DATE OF BIRTH, BE REDACTED FROM DOCUMENTS FILED WITH THE COURT. '' Therefore obtaining verification through a subscription to XXXX or any other agency is not only a violation of FCRA Section 611 ( a ) ( 2 ) which requires " you to notify the party who furnished the disputed information '', they would also be in violation of Section 5 ( a ) of the Federal Trade Commission Act ( FTC Act ) ( 15 USC 45 ) which prohibits " unfair or deceptive acts or practices '' by purposely reporting information that they have " assumed '' is verifiable based off circumstance. All three of the credit reporting agencies have failed numerous times to provide me with a copy of any viable evidence, bearing my signature, showing the account is being reported accurately. 

I have been more than generous with writing 4 individualized, certified letters to each credit reporting agency asking for this to be deleted if they are unable to verify this record. The information shouldve been deleted after the first correspondence with them and they didnt verify the information. Since it still hasnt been verified, Im requesting that this Bankruptcy record be deleted from all 3 of my reports. 

This is my last attempt for them to rectify this serious and inaccurate reporting error. My next step will be small claims court where I will be seeking { {$1000.00} } per violation of 1 ) Defamation 2 ) Negligent Enablement of Identity Fraud 3 ) Violations of the Fair Credit  Reporting Act.

Company response to consumer: Closed with explanation