Consumer complaint received 2022-02-08
Company: EQUIFAX, INC.
State: LA
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 opened a complaint here in XX/XX/XXXX and instead of Equifax doing an investigation they responded by telling me how to contact them by phone which does not address my issue. Equifax is openingly non compliant with federal laws and I demand that they comply. When I call the company I can not get to a live agent because the system seems to not be able to authenticate me. So I will complain thru the XXXX and CFPB until they comply or I begin the litigation process. 

Ref : Account # XXXX I am a consumer and the original creditor that extended the credit by presenting my social security number in the consumer credit transaction that purchased the XXXX XXXX XXXX in XXXX. At the time of the purchase, I was unaware of my rights as a consumer and was willing to sign anything to get a dependable vehicle. Even let you require a deposit which was against the Truth in Lending laws since cash does not go within a consumer credit transaction and should have been included in the finance charge since its the sum of all charges. Recently I have read up on my rights as a consumer as protected by the Truth in Lending Act 15 USC 1601, Fair Credit Reporting Acting 15 USC 1681 and FDCPA 15 USC 1692 and there are a few things that I do not agree with about the way my consumer transaction took place with your company. This letter is to put you on notice and give you an opportunity to cure. 15 USC 1601a to protect the consumer against inaccurate and unfair credit billing and credit card practices. There were laws implemented specifically because Congress has concern of many consumers being taken advantage of by corporations just trying to get their credit. In the following situations that I will describe your company XXXX XXXX has taken advantage of me and violated the referenced laws. All punishable by civil liability. First and foremost. You have been reporting things on my consumer report since XXXX that are directly in violation of the FCRA 1681. 15 USC 1681a-2exclusions states A consumer report does not include report containing information solely as to TRANSACTION OR EXPERIENCES between the consumer and the person making the report. Which is basically all that you have been reporting to all the Consumer Reporting Agencies. It goes on to say that the following being reported are direct transactions and experiences ( Date Opened, Responsibility, Account Type, Loan Type, Date Updated, Payment Received, Last Payment Made, Pay Status, Terms, High Balance ) Why are you reporting these things against the FCRA? They are all either a transaction or experience between me and XXXX XXXX. Exclusions also include any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. My Social Security card, ID and Drivers License are all credit cards as defined by The Congress and all used to create this consumer credit transaction. You have no permissible purpose to report this as it is also a violation under 15 USC 1681b-2 In accordance with the written instruction of the consumer in whom it relates. Which means consumers must opt into or out of anything reporting to our consumer reports. Since this relates to me as a consumer. I do not recall ever giving XXXX XXXX the written consent to report anything to my consumer report or to anyone and since it is prohibited it shouldnt have been reported anyway. It needs to cease and desist immediately. No consent is Identity Theft. All information removed. Everything about the account is a transaction and I do not want it reported to any consumer reports written or oral. I would like this company to start operating within the limits of the law as it relates to me, and I also like a copy of my original agreement with this company so that I can point out all of the inaccuracies that violate my consumer rights as it relates to Truth in Lending. Ally financial also falls under the debt collections since any communication between us are attempts to collect on a debt. The laws of FDCPA 15 USC 1692 states that every time you mailed me a notice or bill it was a violation of 1692b ( 5 ) as they have logos that would allow anyone included but not limited to my mail man or relatives knowing that someone from this company is communicating with me concerning a debt. It was also mail fraud as it was an attempt to make me assume I owed a debt that I do not. I am the original creditor not XXXX XXXX as banks and financial institutions can not extend credit per the federal laws. Unless someone from the company wants to come forward and admit to committing fraud I expect my account to be credited the amount of the current balance since it is in excess of $ 1persuant to 12 USC 226.11 Treatment of credit balances ; account termination. A direct violation of these federal laws have been going on this entire time under my nose. Notice to agent is notice to principle. Notice to principle is notice to agent. You have been notified of the gross disregard for the law that your company has had as it related to my consumer credit transaction referenced above. All I want is justice and for my rights to finally be respected. Civil liabilities are also due to me for the willful noncompliance. I was not aware before, but I am highly informed now. Please provide a resolution to these above claims within 7 days as you have been in default for years and I the consumer says it stops here. No more. I will be submitting this complaint not only by mail but through the companies that regulate corporations like you. Your response is anticipated. Regards, XXXX XXXX, the Consumer and Original Creditor CC : XXXX CC : Federal Trade Commission CC : Consumer Financial Protection Bureau CC : Attorney General

Company response to consumer: Closed with explanation