Consumer complaint received 2022-08-14
Company: EQUIFAX, INC.
State: IL
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:
I have filed several disputes to Equifax via the CFPB as well as directly to Equifax. The dates of those disputes are as allow ; XX/XX/22 via the CFPB, XX/XX/22 via the CFPB, XX/XX/22 via the CFPB, and via letter dated XX/XX/22 mailed on XXXX directly to Equifax via priority mail with tracking ; which was delivered on XX/XX/22 at XXXX. While some inaccuracies have been deleted ; there are others they continue to state it was verified but failed to produce proof of said verification. This is a direct violation of my rights per Fair Credit Reporting Act, Section 611 ( a ) ( 1 ) ( A ), they are required by federal law to verify - through the physical verification of the original signed consumer contract - any and all accounts they post on a credit report. They have failed to do so on each occasion as they have investigated, reinvestigated, reinvestigated their reinvestigations. All which are a violation of my rights. I am including all the laws which cover my rights that were violated. According to 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting ; The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. 
( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

15 U.S. Code 1681i - Procedure in case of disputed accuracy ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. 

( 2 ) Prompt notice of dispute to furnisher of information ( A ) In general Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer or a reseller in accordance with paragraph ( 1 ), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller. 
( B ) Provision of other information The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer or the reseller after the period referred to in subparagraph ( A ) and before the end of the period referred to in paragraph ( 1 ) ( A ).

( 4 ) Consideration of consumer information In conducting any reinvestigation under paragraph ( 1 ) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph ( 1 ) ( A ) with respect to such disputed information.

( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) 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. 

( 6 ) Notice of results of reinvestigation ( A ) In general A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency. 
( 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 consumers 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 ; ( iv ) a notice that the consumer has the right to add a statement to the consumers file disputing the accuracy or completeness of the information ; and ( v ) a notice that the consumer has the right to request under subsection ( d ) that the consumer reporting agency furnish notifications under that subsection. 

( 7 ) Description of reinvestigation procedure A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description.

( 8 ) Expedited dispute resolution If a dispute regarding an item of information in a consumers file at a consumer reporting agency is resolved in accordance with paragraph ( 5 ) ( A ) by the deletion of the disputed information by not later than 3 business days after the date on which the agency receives notice of the dispute from the consumer in accordance with paragraph ( 1 ) ( A ), then the agency shall not be required to comply with paragraphs ( 2 ), ( 6 ), and ( 7 ) with respect to that dispute if the agency ( A ) provides prompt notice of the deletion to the consumer by telephone ; ( B ) includes in that notice, or in a written notice that accompanies a confirmation and consumer report provided in accordance with subparagraph ( C ), a statement of the consumers right to request under subsection ( d ) that the agency furnish notifications under that subsection ; and ( C ) provides written confirmation of the deletion and a copy of a consumer report on the consumer that is based on the consumers file after the deletion, not later than 5 business days after making the deletion. 

In each of the complaints filed with the CFPB I have included a statement and have heard nothing from anyone as the CFPB closes the case and moves on. This is a direct violation of my right to ( b ) Statement of dispute If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit such statements to not more than one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute. 

( c ) Notification of consumer dispute in subsequent consumer reports Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumers statement or a clear and accurate codification or summary thereof. 

( d ) Notification of deletion of disputed information Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection ( b ) or ( c ) to any person specifically designated by the consumer who has within two years prior thereto received a consumer report for employment purposes, or within six months prior thereto received a consumer report for any other purpose, which contained the deleted or disputed information.

Base on the 15 U.S. Code 1681a definition of investigative consumer report the credit agency has failed to conduct a proper investigation ; which is a direct violation of my rights. 
15 U.S. Code 1681a - Definitions ; rules of construction ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. 

15 U.S. Code 1681l states there should be no adverse information in the consumer report. Each item I have disputed had been noted on my credit report and has raised red flags for those who have ran my credit report and have been told as much. 
15 U.S. Code 1681l - Restrictions on investigative consumer reports Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in the consumer report ( other than information which is a matter of public record ) may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such subsequent consumer report, or the adverse information was received within the three-month period preceding the date the subsequent report is furnished. 



I am requesting the accounts be deleted and I be compensated for all the damages cause by the inaccurate accounts not being deleted ; as permitted by law. 
15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. 

Should be I forced to seek legal action I am requesting my legal counsel be coved the credit agency. 
( c ) Attorneys fees Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

I am also including copies of the credit reports from March through August to show the accounts continue to have inaccuracies even though they claim to been verified with the furnishers. This again is a violation of my rights. 

The List of accounts below has violated my federally protected consumer rights to privacy, confidentiality, accurate reporting, proper investigation, and proper notification under 15 USC 1681 as documented by the laws listed above. 

Account Name : XXXX XXXX XXXXXXXX Account Number : XXXX Account Name : Account name is blank on my credit report Account Number : XXXX Account Name : Account name is blank on my credit report Account Number : XXXX Account Name : XXXX XXXX XXXX Account Number : XXXX Account Name : XXXX XXXX XXXX Account Number : XXXX Account Name : XXXX XXXX XXXX Account Number XXXX XXXX

Company response to consumer: Closed with explanation