Consumer complaint received 2020-07-27
Company: EQUIFAX, INC.
State: KY
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:
STATE AND FEDERAL CRIMINAL CONSUMER COMPLAIN AGAINST CREDITOR, COLLECTION AGANCY AND CREDIT REPORTING AGENCIES This was a monthly rent to own agreement on a storage building with the XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX, XXXX, XXXX XXXX, ( not to be confused with XXXX XXXX, trust me ). Agreement made in XXXX. The building was delivered to our restaurant property by the owner, XXXX XXXX, whom is illegally running a corporation for the advantages of personal protection against liability, however has absolutely no corporate veil as he and his wife ( the actual partnership ) have absolutely none of the required meetings, nor any of the minutes to support such meetings. This is a theme with them : they fake being XXXX XXXX XXXX XXXX, they fake being a corporation and they also claim to be XXXX. 
However, XXXX XXXX ( at the time ) went overboard with weekly meetings of the directors and officers so we could enjoy the protection of the corporate veil. I was XXXX of XXXX XXXX XXXX XXXX   XXXX XXXX here in XXXX Kentucky. The agreement was between XXXX   XXXX ( I had several at the time ) and XXXX, XXXX We had a meeting on it, approved the expenditure and recorded it in minutes. I was in no way a personal guarantee as were none of the other Officers or Directors ( we actually had 8 at the time ). I signed the agreement with XXXX, XXXX, as XXXX XXXX  and authorized representative of the company ( as the agreement states ). Not a personal guarantor as XXXX would like to claim. As much as he skirts the legal operation of a business ( as you will see with my continued narrative ) I am sure he fully understands the difference. This, of course, proving these frauds/crimes are being committed with malice and intent by XXXX and his partner XXXX XXXX. White collar they may be, they are still criminal. 
When XXXX, XXXX XXXX XXXX XXXX made its monthly payment, I let XXXX know we were in the process of cleaning out the building, would be taking advantage of the surrender clause of the agreement and would be surrendering the building within the week. I told him I would call him when it was ready to pick up. Mind you, our company had just paid our month in advance rent. 
I called XXXX within that week and he told me he would be over as soon as he could to pick it up. He waited four weeks to pick it up and in the interim, charged mt company another months rent. Shortly after he charged my company another months rent, he picked up the building. When I confronted him with the fraudulent charges and my companys refusal to pay it, he expressed how he would come at me and my company hard. He threatened lawyers, lawsuits and expressed he would get that fraudulent charge no matter what it takes. 
XXXX has proven to be such the criminal as he even went as far as to contact other business associates of mine to shame me into paying this fraudulent charge ( {$340.00} ) including ( but not limited to ) contacting XXXX XXXX, the property owner of XXXX XXXX XXXX informed me and was flabbergasted, questioning what XXXX expected him to do about it. XXXX went on to turn this fraudulent debt over to XXXX XXXX XXXX XXXX located at XXXX XXXX XXXX XXXX, XXXX XXXX, TN, XXXX. For the purpose of accessory to the various crimes and liabilities committed and created by XXXX and XXXX, this complaint also includes XXXX XXXX XXXX, owner of XXXX XXXX XXXX XXXX XXXX and any employees and/or ensigns that have assisted XXXX and XXXX in their fraudulent and deceptive business practices. I am most certain I am not the only one either company has done this to. 
This complaint is also against XXXX, XXXX and Equifax ( credit reporting companies ) as ; after numerous attempts to report and have these fraudulent collections removed from my report, they have not followed the letter of the law in confirming such fraudulent charges and have caused severe damage to my credit profile and buying power. This charge needs to be immediately removed from my report and all three credit reporting agencies are now liable to me as according to the Fair Credit Reporting Act ( treble damages due to their fiduciary duties ). This constitutes an emergency as these fraudulent charges and collections being reported on my credit is causing immediate and irreparable harm. 
Please understand, this fraudulent charge was also reported to my personal credit report, illegally as I was afforded the protections from liability ( including debt ) by XXXX  and being XXXX by a legal Kentucky corporation. XXXX nor XXXX have any authority to circumvent these or any of the other laws they are breaking or have broken. This fraudulent reporting has been complained of to XXXX, XXXX, the collection company and the credit reporting agencies. It is now being complained of to the Commonwealths Attorney, the Kentucky Attorney General, the Tennessee States Attorney, the Tennessee Attorney General, the Federal Trade Commission, and the Consumer Financial Protection Bureau before the liability claim is filed in all courts of competent jurisdiction. 
I ceased any XXXX or XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX on XX/XX/XXXX. The other officers and directors assumed full ownership and went on with their business and liability on their own. This fraudulent charge has absolutely nothing to do with me. The owners of the XXXX XXXX XXXX XXXX XXXX are XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX and XXXX XXXX XXXX XXXX XXXX This complaint is being made under commonwealth, state, and federal jurisdiction as laid out in KRS 367.170 Unlawful acts including unfair, false Misleading or deceptive practices in the conduct of any trade or commerce are hereby declared unlawful. As well as Title 47, Chapter 18 of the Tennessee Code, Section 47-18-104 of the Act prohibits unfair or deceptive practices. As well as Section 5 of the Federal Trade Commission Act that also deems unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful. Deceptively creating charges not owed, fraudulently reporting such charges, hiring a company to enforce such charges, contacting known business associates to embarrass and shame me into paying, holding me personally liable for a companys debt are all unfair and deceptive acts or practices violating the above mentioned Federal and State Laws as well as the following Federal laws and their Commonwealth of Kentucky and Tennessee State Counter Parts : FAIR DEBT COLLECTIONS PRACTICES ACT As amended by public law 111 203, title x, 124 stat. 2092 ( 2010 ) 805 ( b ) as this is not my debt and I gave no such permission to communicate this fraudulent debt with any party, business or entity including but not limited to a consumer reporting Reporting false debts is a crime.

806 Turning a fraudulent business debt over to collections and reporting agency as my personal debt, in order to harass, oppress and abuse me to collect this debt. 
806 ( 1 ) Calling my landlord to embarrass me about a nonexistent business debt, making an unsolicited reference to my financial reputation concerning a business debt for a company I worked for and was only a part of. 
807 ( 2 ) ( A ) the character, amount and legal status have been fraudulently reported by XXXX and XXXX in an attempt to force personal liability on the concocted charges, THEFT. 
807 ( 5 ) threat to report as debt ( was not a debt ), a personal debt ( was corporation debt ) to reporting agencies and collections.

807 ( 6 ) ( B ) in the false representation that I am personally responsible.

807 ( 7 ) disgracing me to my landlord as not paying a personal debt when this is no debt and a non-debt that should be charged to a business, I was a part of a long with 8 others.

807 ( 8 ) communicated with landlord, credit reporting agencies, collections company, community credit information they knew was false as they delayed pick-up to create fraudulent charges and knew this was an agreement with a corporation, I was not a personal guarantee any more than any of the other officers in the corporation that also owned stock. They are not to be held responsible for any debt of the companies they may hold stock/stake in.

807 ( 10 ) in that they falsely reported this to collection agency and credit reporting agency causing me damage in an attempt to shame me into paying a fraudulent debt. THEFT.

808 May not use unfair or unconscionable means to collect any debt including : 808 ( 1 ) The collection of any amount ( including any interest, fee, charge or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law., No where in the law or agreement is it stated I am a personal guarantor for a corporate debt as a representative of that corporation. In fact there is law against it ; no where in the agreement or the law does it allow XXXX and XXXX to charge the company more rent after the building was surrendered just because they decided not to reclaim their property after the surrender. 
808 ( 6 ) ( b ) They charged another unauthorized, fraudulent month simply because they had absolutely no intention to take possession of their property despite proper notice and surrender.

809 ( a ) ( 1 ) no written communication 809 ( a ) ( 2 ) no written communication 809 ( a ) ( 3 ) no written communication 809 ( a ) ( 4 ) no written communication 809 ( a ) ( 5 ) no written communication, they knew they were wrong, wanted no records.

809 ( b ) as there was no written notice the only response was when they illegally called my landlord and when I repeated/ contested this as not my debt, however no response does not equal admission or acceptance of fraudulent debt. 
813 creates XXXX XXXX XXXX and the credit reporting agencies liability to me as actual damages ( everything I was denied credit for ) ; {$1000.00} per incident ; and attorneys fees/court costs as well as punitive damages. 
813 ( b ) ( 1 ) this has gone on for years, with many more people beside me, this is their standard unfair/deceptive/fraudulent business practice that they perpetuate on our community and the courts are to consider the frequency and persistence of noncompliance, the nature of such non compliance and the extent to which such noncompliance was intentional Finally subsection 814 of the FDCPA gives the Federal Trade Commission the authority to enforce compliance with the FDCPA except on the government and that any violation of this chapter shall ( not may ) be deemed an unfair or deceptive practice in violation of that act. All of the functions and powers of the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by ANY person with this subchapter, irrespective of whether that person in engaged in commerce or meets ant other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. 

FAIR CREDIT REPORTING ACT 15 U.S.C. subsesction 1681 Revised XXXX XXXX 603 ( k ) ( 1 ) describes the actions included in adverse actions, these would be the adverse actions caused by XXXX, XXXX and XXXX fraudulent and deceptive practices. 
603 ( k ) ( 1A ) explains it the same meaning as 701 ( d ) ( 6 ) of the equal Credit Opportunity Act of which they are clearly in violation of.

603 ( k ) ( 1 ) ( B ) ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee. I have been denied XXXX figure employment due to erroneous collections on my credit report 603 ( k ) ( 1 ) ( B ) ( iii ) A denial or cancelation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of any license or benefit described in section 604 ( a ) ( 3 ) ( D ) : I have been denied my ability to obtain my XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
603 ( k ) ( 1 ( ) ( B ) ( iv ) ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under 604 ( a ) ( 3 ) ( F ) ( ii ) I have been denied several applications of credit due to this fraudulent reporting of this fraudulent charge and am currently waiting its removal to follow through with personal credit for a farm and several other obligations and endeavors. 
603 ( k ) ( 1 ) ( B ) ( iv ) ( II ) adverse to the interest of the consumer, I have had to avoid lucrative business and personal endeavors due to this false/fraudulent collection. 
611 PROCEDURE IN CASE OF DISPUTED ACCURACY there is absolutely nothing about this debt that is not inaccurate and that I have not contested. From the validity to reporting it as my personal debt. These commonly used practices by XXXX, XXXX and XXXX are deceptive and inaccurate. XXXX, XXXX, XXXX and all three credit reporting agencies are in violation of this subsection in that : 611 ( a ) ( 1 ) ( A ) requires an actual reinvestigation, not just everyone swearing by  their lies as has been done in this instance by XXXX, XXXX, XXXX and the three credit reporting agencies, the credit reporting agencies conduct no reasonable reinvestigation. They ask XXXX if the information is correct, he says yes with absolutely no supporting documentation ( as Im sure XXXX and XXXX hasnt given him any as it does not exist ) so the third party fraud is confirmed and left illegally on my credit report. This complaint could not be determined frivolous by credit reporting agencies as I have supplied documentation, evidence and facts for years now as well as correctly filled out their contact forms as per their limitations in number or words/characters. 
611 ( a ) ( 2 ) ( A ) I have never been contacted within 5 days of requesting reinvestigation from anyone, let alone the three major credit reporting agencies. 
611 ( a ) ( 5 ) ( A ) ( i ) this has not been promptly deleted by all three credit reporting agencies as mandated as they failed in their reinvestigation duties of proof and evidence. 
611 ( a ) ( 5 ) ( B ) ( iii ) ( I ) I have never received notice from ANY of the three credit reporting agencies of Reinstatement at all, let alone with 5 days as mandated. 
611 ( a ) ( 8 ) I am requesting expedited recourse as the irreparable harm continues with this on my report. This needs to be removed with 3 days.

621 in this complaint I have proven several violations of these acts. Federal trade commission has jurisdiction in that a violation of any of the requirement or prohibition imposed under this title shall ( not may ) constitute an unfair or deceptive act or practice in commerce, in violation of section 5 ( a ) of the Federal Trade Commission Act ( 15 U.S.C. 45 ( a ) ) and shall ( not may ) be subject to enforcement by the Federal Trade Commission under section 5 ( b ) of that Act with respect to any consumer reporting agency OR person that is subject to enforcement by the Federal Trade Commission 621 ( a ) ( 2 ) ( A ) in the event of knowing violation ( reporting agencies and collectors of debt are required to know. Ignorance of the law is no  excuse ) which constitutes a pattern OR practice of violations of this title, The Federal Trade Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person that violates this title. In such action, such person shall be liable for a civil liability of not mor that {$3700.00} per violation. I am requesting a full investigation and that this suite be brought against the several peoples for the several incidents so I can recover them maximum damages, as well as attorneys fees. 
621 ( c ) ( 1 ) I also invoke state jurisdiction for civil and criminal liability of XXXX, XXXX, XXXX and all parties involved with their businesses or the several consumer reporting agencies already named. 
623 ( a ) ( 1 ) ( A ) makes it illegal to provide inaccurate information to credit reporting agencies. XXXX, XXXX and XXXX knew full well these charges were fraudulent, illegal and I had absolutely no personal liability in them as this has been complained of numerous times for years now. 
623 ( a ) ( 1 ) ( B ) Reporting information after notice and confirmation of errors is also illegal. I have proven this fraud and complained of it multiple times to all parties involved.

623 ( 2 ) ( B ) It is the duty of the reporting agency to correct as well as the duty of the collection agency to inform. None of this has ever been corrected despite repeated complaints and evidence.

623 ( 3 ) If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. This fraudulent charge has NEVER not been disputed since it was fraudulently created. 
623 ( 7 ) I have not received any notices in writing concerning this debt, my complaints, the outcome of investigations or even that there were investigations.

623 ( 9 ) ( b ) Duties of Furnishers of Information upon Notice of Dispute, summarily NONE of these have aver been followed in any of the numerous disputes and complaints I have filed, causing several hundred incidents of violations to this title by the furnishers of information, XXXX, XXXX and XXXX I am also requesting the above named be investigated for state and federal wire fraud as these communications and this fraud has repeatedly occurred across state lines in my case as well as the several other cases ( specifically targeting disadvantaged peoples ) as your thorough investigation will uncover. 


XXXX XXXX Dated : XX/XX/XXXX

Company response to consumer: Closed with explanation