Consumer complaint received 2019-12-27
Company: EQUIFAX, INC.
State: SC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
Please be advised that this is my THIRD WRITTEN REQUEST and FINAL WARNING that I fully intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your continued willful and negligent noncompliance.

Despite my previous 2 written requests, the unverified items listed below still remain on my credit report in violation of Federal Law. You stated in your responses to my 2 dispute letters that the data furnisher verified that the disputed information was accurate as reported. I asked you for proof of verification not hearsay information from the information source. I told you that it was my belief that the source of the disputed information was unreliable and that they must have matched the disputed information to my credit file in error.

It is the responsibility of a credit reporting agency to conduct a reasonable reinvestigation to verify the accuracy of the disputed information. It is unreasonable for you to continue to parrot what the data furnisher tells you instead of doing your own reinvestigation to verify what they are telling you is correct. I think a jury will agree with me.

The fact that you have ignored my request to send me copies of the documents that you used to verify the disputed accounts is evidence that your company can not and did not verify any of the disputed accounts like you said you did. In fact, by admitting that you are simply parroting what the information provider told you, instead of doing your own reinvestigation after I told you that the source of the disputed information is unreliable, is evidence of your willful disregard of Federal Law.

When we go to litigation and through the discovery process you will be required to produce the documents that you used to verify the accuracy of the disputed items when you responded to my first dispute letter along with an affidavit swearing under oath that these are the true and correct documents that you used to verify the disputed accounts within the 30 days after receiving my dispute letter. The fact that you dont have any of the said documents in your files is proof that you did not legally verify the accounts within 30 days as required by law.

You say that you have reinvestigated these accounts but youve admitted that all you have done is parrot information given to you by information provider and shifted the burden back to me to contact the original creditor to verify these accounts which is clearly in violation of 1681 ( a ) ( 4 ).

I also asked you to give me the name of the person in your company who verified the accuracy of these accounts but you ignored this request as well which is another violation of Federal Law and evidence of your willful disregard of the law.

Please be advised that under 15 U.S.C. 1681i ( a ) ( 5 ) ( A ) ( i ) of the FCRA you are required to promptly DELETE all information which can not be verified. I request that you do this immediately.

The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA.

( Continued on next page ) I demand that you delete all of the accounts listed below immediately. Please provide me with a copy of an updated and corrected credit report showing that these items have been deleted.

Please review the attachments.

Company response to consumer: Closed with explanation