Consumer complaint received 2022-01-15
Company: EQUIFAX, INC.
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
DEAR EQUIFAX YOU SAID YOU VERIFIED THESE ACCOUNT 'S SHOW ME PROOF OR REMOVE. PLEASE REMOVE THESE ACCOUNT BECAUSE THEY COME FROM IDENITY THIEF PLUS EVERY YEAR IRS REQUIRE FOR TAXES PURPOSES EVERY COMPANY HAS TO FILE A IRS TAXES AND WHEN THEY DO THEY PUT GAINS AND LOSES AND HAS TO FILE A 1099-C WHEN CREDITOR 'S DON'T PAY AND WHEN THAT HAPPEN THE LAW SAY 'S XXXX  debt was canceled or forgiven AND canceled debt counts as income. IT ALSO SHOW THAT THIS AMOUNT WAS STILL ADDING CHARGES WHILE THE ACCOUNT IS CLOSED THAT IS AGAINST THE LAW.A ) IN GENERAL. -- If, after any reinvestigation under paragraph ( XXXX ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall -- ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. 
802. Congressional findings and declaration of purpose ( a ) Abusive practices. There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. ( b ) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers. ( c ) Available non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. ( d ) Interstate commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. ( XXXX ) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.The term consumer means an individual. ( XXXX ) Exclusions.the term consumer report ( does not include ) ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request.What Is Form 1099-C : Cancellation of Debt? Form 1099-C ( entitled Cancellation of Debt ) is one of a series of " 1099 '' forms used by the Internal Revenue Service ( IRS ) to report various payments and transactions, excluding employee wages. Lenders and creditors must send a 1099-C to the IRS and to borrowers if $ debt was canceled or forgiven AND canceled debt counts as income. If you receive Form 1099-C, you must report the amount on your income tax return on the " Other income '' line of your Form 1040 or 1040-SR. Note that you must include the canceled debt in your income even if its less than {$600.00} and you dont receive Form 1099-C.2 UNDER 15 USC 1692f 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) by law. 
UNDER 15 USC 1692J 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.

AND ALSO UNDER USC 1692K 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector.

809. Validation of debts ( a ) Notice of debt ; contents. Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of thedebt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such 15 USC 1692g 12 809 15 USC 1692g verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.

According to the Fair Credit Act, Section 609 ( a ) ( 1 ) ( A ), you are required by law to verify through the physical verification of the original signed consumer contract any and all accounts you post on a credit report. otherwise, anyone paying your reporting services could fax, mail, or email in a fradulent account.I demand to see verifiable proof ( AN ORIGINAL CONSUMER CONTRACT with my Signature on it ) you have on file of the accounts listed below. Your failure to positively verify these accounts has hurt my ability to obtain credit. under the FCRA, UNVERIFIED ACCOUNTS MUST BE REMOVED AND IF ARE UNABLE TO PROVIDE ME a copy of verifiable proof, you must remove the accounts listed below. I Demand the following accounts be verified or removed immediately. XXXX XXXX XXXX XXXXXXXX XX/XX/XXXX {$670.00}, - XXXX XXXX - XXXX XXXX XXXX XXXX XXXX XXXX  ) XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX PA XXXX XX/XX/XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX Fl XXXX XXXX XXXX CA XXXX XX/XX/XXXX EQUIFAX XXXX XXXX XXXX XXXX GA XXXX Phone XXXX XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XX/XX/XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX EQUIFAX XXXX XXXX XXXX XXXX XXXX XXXX XXXX GA XXXX XX/XX/XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX XX/XX/XXXX XXXX  XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX TX XXXX Phone : XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Page 12 of 14 XXXX XXXX XXXX On Next Page ) XXXX Company Information Inquiry Date ( XXXX XXXX EQUIFAX XXXX XXXX XXXX XXXX XXXX XXXX GA XXXX XX/XX/XXXX EQUIFAX XXXX XXXX XXXX XXXX GA XXXX Phone XXXX XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX EQUIFAX XXXX XXXX XXXX XXXX XXXX XXXX XXXX GA XXXX XX/XX/XXXX EQUIFAX XXXX XXXX XXXX XXXX GA XXXX Phone : XXXX XX/XX/XXXX XX/XX/XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX SC XXXX XX/XX/XXXX EQUIFAX XXXX XXXX XXXX XXXX GA XXXX Phone : XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX MA XXXX XX/XX/XXXX EQUIFAX XXXX XXXX XXXX XXXX GA XXXX Phone : XXXX XX/XX/XXXX EQUIFAX XXXX XXXX XXXX XXXX GA XXXX Phone : XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XX/XX/XXXX EQUIFAX XXXX XXXX XXXX XXXX GA XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX  XXXX XXXX XXXX XXXX XXXX VA XXXX Phone : XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX MD XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX PA XXXX Phone : XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX XXXX : XXXX XX/XX/XXXX. The information I disputed has been verified as accurate ; >Please remove all non-account holding inquiries over 30 days old. <Please add a Promotional Suppression to my credit file. <Please remove all accounts that are no XXXX XXXX  COMPLAINCE. PLEASE NOTE THAT YOU HAVE 30 DAYS TO COMPLETE THIS INVESTIGATION, AS PER THE Fair Credit Reporting Act Section 611 ( a ) ( XXXX ) ( A ). be advised that the description of the procedure used to determine the ACCURACY AND COMPLETENESS OF THE INFORMATION IS HEARBY REQUESTED AS WELL, to be provided within ( XXXX ) days of the completion of your re-investigation and I am keeping a careful record of your actions, INCLUDING YOUR METHOD OF VERIFICATION. I DO NOT CONSENT TO E-OSCAR AR ANY MEANS OF AUTOMATED VERIFICATION. Failure to respond satisfaction within 30 days of receipt of this certified letter may result in small claims action against your company, seeking {$5000.00} per violation for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violation of Fair Credit Reporting Act 4. ) Financial injury.

Company response to consumer: Closed with explanation