Consumer complaint received 2023-12-15
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX fl XXXX XXXX : XX/XX/XXXX todays date : XXXX ssn XXXX RE : Investigation Request to Delete Credit unauthorized credit accounts on credit report if debt can not be validated. 

To whom it may concern, In accordance with the Fair Credit Reporting Act Section 611 ( 15 U.S.C. 1681I ), I am practicing my right to challenge questionable information that I have found on my personal credit report. I do not recognize the information listed below and request that you investigate the source of these accounts and ascertain that the creditor had a permissible purpose, and is able to verify my complete file information including full name, address, date of birth and SSN #. Pursuant 12 CFR 1006.34 - Notice for validation of debts section c states : Validation information. Pursuant to paragraph ( a ) ( 1 ) of this section, a debt collector must provide the following validation information.

( 1 ) Debt collector communication disclosure. The statement required by 1006.18 ( e ).

( 2 ) Information about the debt. Except as provided in paragraph ( c ) ( 5 ) of this section : ( i ) The debt collector 's name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information.

( ii ) The consumer 's name and mailing address.

( iii ) If the debt collector is collecting a debt related to a consumer financial product or service as defined in 1006.2 ( f ), the name of the creditor to whom the debt was owed on the itemization date.

( iv ) The account number, if any, associated with the debt on the itemization date, or a truncated version of that number.

( v ) The name of the creditor to whom the debt currently is owed.

( vi ) The itemization date.

( vii ) The amount of the debt on the itemization date.

( viii ) An itemization of the current amount of the debt reflecting interest, fees, payments, and credits since the itemization date. A debt collector may disclose the itemization on a separate page provided in the same communication with a validation notice, if the debt collector includes on the validation notice, where the itemization would have appeared, a statement referring to that separate page.

( ix ) The current amount of the debt.

34 CFR 685.215 - Discharge for false certification of student eligibility or unauthorized payment. ( 5 ) Identity theft. In the case of an individual whose eligibility to borrow was falsely certified because he or she was a victim of the crime of identity theft and is requesting a discharge, the individual must ( i ) Certify that the individual did not sign the promissory note, or that any other means of identification used to obtain the loan was used without the authorization of the individual claiming relief ; ( ii ) Certify that the individual did not receive or benefit from the proceeds of the loan with knowledge that the loan had been made without the authorization of the individual; and ( iii ) Provide a statement of facts and supporting evidence that demonstrate, to the satisfaction of the Secretary, that eligibility for the loan in question was falsely certified as a result of identity theft committed against that individual. Supporting evidence may include ( A ) A judicial determination of identity theft relating to the individual ; ( B ) A Federal Trade Commission identity theft affidavit ; ( C ) A police report alleging identity theft relating to the individual ; ( D ) Documentation of a dispute of the validity of the loan due to identity theft filed with at least XXXX major consumer reporting agencies ; and ( E ) Other evidence acceptable to the Secretary.

( 6 ) Definition of identity theft.

( i ) For purposes of this section, identity theft is defined as the unauthorized use of the identifying information of another individual that is punishable under 18 U.S.C. 1028, 1028A, 1029, or 1030, or substantially comparable State or local law.

( ii ) Identifying information includes, but is not limited to ( A ) Name, Social Security number, date of birth, official State or government issued driver 's license or identification number, alien registration number, government passport number, and employer or taxpayer identification number ; ( B ) Unique biometric data, such as fingerprints, voiceprint, retina or iris image, or unique physical representation ; ( C ) Unique electronic identification number, address, or routing code ; or ( D ) Telecommunication identifying information or access device ( as defined in 18 U.S.C. 1029 ( e ) ).

( 7 ) Claim to third party. The borrower must state whether the borrower ( or student ) has made a claim with respect to the school 's false certification or unauthorized payment with any third party, such as the holder of a performance bond or a tuition recovery program, and, if so, the amount of any payment received by the borrower ( or student ) or credited to the borrower 's loan obligation.

( 8 ) Cooperation with Secretary. The borrower must state that the borrower ( or student ) ( i ) Agrees to provide to the Secretary upon request other documentation reasonably available to the borrower that demonstrates that the borrower meets the qualifications for discharge under this section; and ( ii ) Agrees to cooperate with the Secretary in enforcement actions as described in 685.214 ( d ) and to transfer any right to recovery against a third party to the Secretary as described in 685.214 ( e ).

( 9 ) Discharge without an application. The Secretary discharges all or part of a loan as appropriate under this section without an application from the borrower if the Secretary determines, based on information in the Secretary 's possession, that the borrower qualifies for a discharge. Such information includes, but is not limited to, evidence that the school has falsified the Satisfactory Academic Progress of its students, as described in 668.34.

( 10 ) Application for group discharge. A State Attorney General or nonprofit legal services representative may submit to the Secretary an application for a group discharge under this section.

( d ) Discharge procedures.

( 1 ) If the Secretary determines that a borrower 's Direct Loan may be eligible for a discharge under this section, the Secretary provides the borrower an application and an explanation of the qualifications and procedures for obtaining a discharge. The Secretary also promptly suspends any efforts to collect from the borrower on any affected loan. The Secretary may continue to receive borrower payments.

( 2 ) If the borrower fails to submit the application for discharge and supporting information described in paragraph ( c ) of this section within 60 days of the Secretary 's providing the application, the Secretary resumes collection and grants forbearance of principal and interest for the period in which collection activity was suspended.

( 3 ) If the borrower submits an application for discharge that the Secretary determines is incomplete, the Secretary notifies the borrower of that determination and allows the borrower an additional 30-days to amend their application and provide supplemental information. If the borrower does not amend their application within 30 days of receiving the notification from the Secretary, the borrower 's application is closed as incomplete and the Secretary resumes collection of the loan and grants forbearance of principal and interest for the period in which collection activity was suspended.

( 4 ) If the borrower submits a completed application described in paragraph ( c ) of this section, the Secretary determines whether the available evidence supports the claim for discharge. Available evidence includes evidence provided by the borrower and any other relevant information from the Secretary 's records and gathered by the Secretary from other sources, including guaranty agencies, other Federal agencies, State authorities, test publishers, independent test administrators, school records, and cognizant accrediting associations. The Secretary issues a decision that explains the reasons for any adverse determination on the application, describes the evidence on which the decision was made, and provides the borrower, upon request, copies of the evidence. The Secretary considers any response from the borrower and any additional information from the borrower and notifies the borrower whether the determination is changed.

( 5 ) If the Secretary determines that the borrower meets the applicable requirements for a discharge under paragraph ( c ) of this section, the Secretary notifies the borrower in writing of that determination.

( 6 ) If the Secretary determines that the borrower does not qualify for a discharge, the Secretary notifies the borrower in writing of that determination and the reasons for the determination.

( 7 ) A borrower is not precluded from re-applying for a discharge under paragraph ( c ) of this section if the discharge request is closed as incomplete, or if the Secretary determines that the borrower does not qualify for a discharge if the borrower provides additional supporting evidence. 

INCORRECT ACCOUNT INFORMATION The accounts below are reporting incorrectly please investigate these : XXXX. XXXX XXXX XXXX { XXXX # } XXXX { Reason for Dispute } improper use of report and debt status ( amount alleged owed : {$1900.00} ) ( alleged account open date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX { XXXX # } XXXX { Reason for Dispute } improper use of report and debt status ( amount alleged owed : {$3800.00} ) ( alleged account open date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX { XXXX # } XXXX { Reason for Dispute } improper use of report and debt status ( amount alleged owed : {$7400.00} ) ( alleged account open date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX { XXXX # } XXXX { Reason for Dispute } improper use of report and debt status ( amount alleged owed : {$3700.00} ) ( alleged account open date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX { XXXX # } XXXX { Reason for Dispute } improper use of report and debt status ( amount alleged owed : {$5600.00} ) ( alleged account open date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX { XXXX # } XXXX { Reason for Dispute } improper use of report and debt status ( amount alleged owed : {$7600.00} ) ( alleged account open date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX { XXXX # } XXXX { Reason for Dispute } improper use of report and debt status ( amount alleged owed : {$3300.00} ) ( alleged account open date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX { XXXX # } XXXX { Reason for Dispute } improper use of report and debt status ( amount alleged owed : {$3800.00} ) ( alleged account open date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX { XXXX # } XXXX { Reason for Dispute } improper use of report and debt status ( amount alleged owed : {$1100.00} ) ( alleged account open date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX { XXXX # } XXXX { Reason for Dispute } improper use of report and debt status ( amount alleged owed : {$1700.00} ) ( alleged account open date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX { XXXX # } XXXX { Reason for Dispute } improper use of report and debt status ( amount alleged owed : {$2500.00} ) ( alleged account open date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX { XXXX # } XXXX { Reason for Dispute } improper use of report and debt status ( amount alleged owed : {$1800.00} ) ( alleged account open date : XX/XX/XXXX ) I am allowing you 30 days to complete this investigation after which I authorize you to mail me my updated credit reports along with the investigation results Truly, XXXX XXXX XXXX

Company response to consumer: Closed with explanation