Consumer complaint received 2022-02-13
Company: EQUIFAX, INC.
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
For Over 6 years XXXX  has had false information on my credit report! Lastest report number # XXXX for XX/XX/XXXX. This company has no contract with and XXXX  and equifax show on report! 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX New York [ XXXX ] SSN XXXX DOB XX/XX/XXXX XXXX  Dispute Department XXXX XXXX XXXXXXXX XXXX XXXX TX XXXX Report # XXXX on XXXX New Case : # XXXX First Notice of Certified Mail : XXXX XXXX XXXX XXXX XXXX Second Notice of Certified Mail : XXXX XXXX XXXX XXXX XXXX Third Notice : XXXX XXXX XXXX XXXX XXXX Date : XX/XX/XXXX To Whom It May Concern : This letter is a formal request for the description of the procedures used to determine the accuracy and completeness of the disputed information, including the business name, address, and telephone number of any furnisher of information contacted in connection with this reinvestigation, in compliance with the The Fair Credit Reporting Act, Section 611, part B, subsection ( iii ) 611. Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] ( 6 ) ( B ) Contents. As part of, or in addition to, the notice under subparagraph ( A ), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph ( A ) ( i ) a statement that the reinvestigation is completed.

( ii ) a consumer report that is based upon the consumer 's file as that file is revised as a result of the reinvestigation ; ( iii ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available ; I am disappointed that you have failed to maintain reasonable procedures to assure complete accuracy in the information you publish, and insist you comply with the law by providing the requested information within the 15 days allowed. See Court Docket Sheet As a matter of convenience to you and to expedite my request, I am resubmitting my request to correct my credit report. 
Name of Creditor/Agency, Account # Fake Credit First # XXXX The courts in XXXX OH where this company is based out of has ruled in my favor that there is not one shred of evidence that this account is mine An A judgment an award in favor is here attached. 
List your reasons for disputing this negative mark here, inaccurate account information, dates wrong, etc. 
As already stated, the listed item is inaccurate and incomplete, and is a profoundly serious error in reporting. Please remove the error in XXXX business days based on the ruling of the Courts. See Attachment I, XXXX XXXX XXXX do hereby affirm that all facts and statements stated within the foregoing are truthful and correct to the best of my knowledge and belief, under penalty of perjury. 
XXXX XXXX XXXX XXXX XXXX CC : XXXX XXXX XXXX Chairman of the Federal Trade Commission FTC XXXX XXXX XXXX XXXX XXXX XXXX Washington , DC XXXX Federal Trade Commission XXXX XXXX XXXX XXXX XXXX Washington XXXX DC XXXX Telephone : ( XXXX ) XXXX EQUIFAX XXXX XXXX XXXX XXXX GA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX New York XXXX XXXX ] XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX RE : Dispute Letter of false report Dear Credit Bureau XXXX This letter is formal notice that you have failed to respond to my dispute letter of XXXX and XXXX XXXX and XXXX XXXX I sent the initial letter registered mail of the return receipt that you signed on XXXX XXXX. 
As you are well aware, federal law requires you to respond within 30 days. It has now been over that period since your receipt of my letter. As you no doubt are aware, failure to comply with federal regulations by credit reporting agencies is a serious violation of the Fair Credit Reporting Act and may be investigated by the FTC. Obviously, I am maintaining detailed records of all my correspondence with you.

I am aware that you may have misplaced my letters or have failed to respond to my letter because of an oversight due to the high volume of the requests you receive daily. If this is the case, Im sure youll want to handle this matter as soon as possible. For this purpose, I have included a copy of my original request, the dated receipt of your reception of the original letter, and a copy of the proof verifying the incorrectness of the credit item you have mistakenly placed on my records. 
I request that you update my report like XXXX did me and immediately remove it from my credit report. 
Under the new FACTA laws, you are required to furnish me with documentation regarding information you are reporting to the credit bureaus. Since I have disputed the latest with the credit bureaus, and you obviously verified them, I am now allowed to sue you under FCRA 623 ( b ) for violations of the FCRA if you do not comply. 
FCRA 623 ( a ) ( 8 ) Ability of Consumer to Dispute Information Directly with Furnisher ( A ) In general. The Federal banking agencies, the XXXX XXXX XXXX XXXX, and the Commission shall jointly prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer. 
( B ) Considerations. In prescribing regulations under subparagraph ( A ), the agencies shall weigh -- ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 403 ( 3 ), including entities that would be a credit repair organization, but for section 403 ( 3 ) ( B ) ( i ), are able to circumvent the prohibition in subparagraph ( G ). 
( C ) Applicability. Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ). 
( D ) Submitting a notice of dispute- A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that -- ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute. 
( E ) Duty of person after receiving notice of dispute. After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall -- ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such person 's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611 ( a ) ( 1 ) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.

( F ) Frivolous or Irrelevant Dispute ( i ) In general. This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including -- ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the person 's duties under this paragraph or subsection ( b ), as applicable.

( ii ) Notice of determination. Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person.

( iii ) Contents of notice. A notice under clause ( ii ) shall include -- ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.

This is Final Notice and demand to remove false information on Credit Report with intend to Sue : reinvestigation, in compliance with the The Fair Credit Reporting Act, Section 611, part B, subsection ( iii ) 611. Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] ( 6 ) ( B ) Contents. As part of, or in addition to, the notice under subparagraph ( A ), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph ( A ) ( i ) a statement that the reinvestigation is completed.

( ii ) a consumer report that is based upon the consumer 's file as that file is revised as a result of the reinvestigation.

( iii ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available.

I am disappointed that you have failed to maintain reasonable procedures to assure complete accuracy in the information you publish, and insist you comply with the law by providing the requested information within the 15 days allowed.

As a matter of convenience to you and to expedite my request, I am resubmitting my request to correct my credit report. 
1. XXXX  XXXX XXXX FAKE ACCOUNT XXXX 
2. XXXX XXXX XXXX XXXX XXXXXXXX has never reported this fake information to the Credit Reporting Agency and must be remove this is wrong! 
As already stated, the listed item is inaccurate and incomplete, and is a profoundly serious error in reporting. 
It is at this time that I will point out that in XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), and XXXX XXXX XXXX, Equifax, et al, the courts ruled each and every time that the CRA could not merely " parrot '' information from the creditors and collection agencies ... that they must conduct an independent REASONABLE investigation to ensure the validity of the debt and the honesty/integrity of the creditor/CA in question. Sending out a generic form through the e-Oscar system that does not even contain my reasons for the dispute is not reasonable. 
If you do not initiate an investigation regarding my dispute, as is my right under the Fair Credit Reporting Act, I will have to take legal action to protect my credit rating and myself. As I am sure you are aware, each violation of the Fair Credit Reporting Act allows damages of {$1000.00} should this matter end up in court. 
In light of the recent changes to the FCRA ( FACTA ), consumers now have the right to go directly to the original creditor and ask for proof of negative information. In addition, court case opinion No. XXXX XXXX by the US Court of Appeals XXXX XXXX XXXX XXXX XXXX XXXX XXXX, the court ruled that the creditor has the responsibility to investigate and make sure that correct information is being reported to the bureaus, and that the consumer has a right to sue under the FCRA, should his or her rights be violated. 
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA. 
I, XXXX XXXX XXXX do hereby affirm that all facts and statements stated within the foregoing are truthful and correct to the best of my knowledge and belief, under penalty of perjury. 
XXXX XXXX XXXX XXXX XXXX See This letter is a formal request for the description of the procedures used to determine the accuracy and completeness of the disputed information, including the business name, address, and telephone number of any furnisher of information contacted in connection with this reinvestigation, in compliance with the The Fair Credit Reporting Act, Section 611, part B, subsection ( iii ) 611. Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] ( 6 ) ( B ) Contents. As part of, or in addition to, the notice under subparagraph ( A ), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph.

( A ) ( i ) a statement that the reinvestigation is completed.

( ii ) a consumer report that is based upon the consumer 's file as that file is revised as a result of the reinvestigation ; ( iii ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available ; I am disappointed that you have failed to maintain reasonable procedures to assure complete accuracy in the information you publish, and insist you comply with the law by providing the requested information within the 15 days allowed.

As a matter of convenience to you and to expedite my request, I am resubmitting my request to correct my credit report. The FCRA requires you to verify the validity of the item within 30 days.

Name of Creditor/Agency, Account I have no account number with this Company called Credit XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX OH XXXX False Information lacking any money loan : If you had investigated properly, rather than use your e-Oscar system, you would have known, that not only I have never been late on this account, but that I am not sure that the account is even mine though your company claims to have verified this. 

It is at this time that I will point out that in XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), and XXXX XXXX XXXX, Equifax, et al, the courts ruled each and every time that the CRA could not merely " parrot '' information from the creditors and collection agencies ... that they have to conduct an independent REASONABLE investigation to ensure the validity of the debt and the honesty/integrity of the creditor/CA in question. Sending out a generic form through the e-Oscar system that does not even contain my reasons for the dispute is not reasonable.

If you do not initiate an investigation regarding my dispute, as is my right under the Fair Credit Reporting Act, I will have to take legal action to protect my credit rating and myself. As I am sure you are aware, each violation of the Fair Credit Reporting Act allows damages of {$1000.00} should this matter end up in court. 
As already stated, the listed item is inaccurate and incomplete, and is a profoundly serious error in reporting.

Company response to consumer: Closed with explanation