Consumer complaint received 2018-03-06
Company: EQUIFAX, INC.
State: TX
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:
On or about XX/XX/XXXX, I requested a free annual credit report to look into my credit file. The Equifax report showed multiple inaccuracies, as well as information that could not be validated that I have attempted to resolve several times with the Equifax Credit Bureau without success. 

The first inaccuracy is with an organization known as XXXX XXXX. I have also filed a cfpb complaint against XXXX XXXX ( report # XXXX ) submitted XX/XX/XXXX, due to this organization attempting to collect a debt that is not owed to them. They have yet to respond to the cfpb complaint. In addition to the requested validation of this tradeline on my Equifax report that Equifax and the creditor has refused to provide, I made Equifax aware that this organization is in violation of 3 State laws in attempting to collect this debt and in their reporting to my files maintained by their organization. XXXX XXXX is in violation of the Texas Finance Code 392.101, Texas Debt Collection Practices Act, as well as the Texas Deceptive Trade Practices Act, which I provided to Equifax and is attached to this compliant. In summary, Texas Finance Code 392.101 clearly states that any organization attempting to collect debt from consumers that reside in the State of Texas must have a {$10000.00} Surety Bond and have proof of such bond on file with the Texas Secretary of State. XXXX XXXX does not have the required surety bond and is therefore in violation and can not legally collect this debt. Searches for the company name in any and all variations on the Texas Secretary of States ' website available for this purpose are attached to this complaint. Reporting negative information to my credit bureau file with Equifax is considered debt collection activity per the Act. Even though Equifax was made aware of the applicable laws this organization is violating, the item remains on my credit bureau file and they have sent correspondence of their refusal to investigate this violation. 

The second inaccuracy is with an organization known as XXXX XXXX XXXX. I have also filed a cfpb complaint against XXXX XXXX XXXX ( report # XXXX ) submitted XX/XX/XXXX due to this organization attempting to collect a debt that is not owed to them. They have yet to respond to the cfpb complaint. In addition to the requested validation of this account that Equifax and the organization itself has not provided, I made them aware that this organization is also in violation of 3 State laws in attempting to collect this debt and in their reporting to my Equifax credit bureau file. XXXX XXXX  XXXX is also in violation of the Texas Finance Code 392.101, the Texas Debt Collection Practices Act, as well as the Texas Deceptive Trade Practices Act, which I provided to Equifax and is attached to this complaint. Per Texas Finance Code 392.101, and the Texas Business and Commerce Code, any violation of Texas Finance Code 392.101 is automatically a violation of the Texas Deceptive Trade Practices Act. XXXX XXXX XXXX does not have the required surety bond on file with the State of Texas ' Secretary of State, and is therefore in violation and can not legally collect this debt. Searches for the company name in any and all variations on the Texas Secretary of States ' website established for this purpose are attached to this complaint. Reporting to my credit bureau file with Equifax is considered debt collection activity per the Act. Even though Equifax was made aware of the applicable laws this organization is violating, the item remains on my credit bureau file. 

The third item is a dismissed Chapter XXXX Bankruptcy that appears on my Equifax credit bureau file that can not be validated with the original source. According to the FCRA, items must be validated with the original source of information. Federal law, US Bankruptcy Court policy and procedure, as well as Privacy Laws that protect this sensitive and partially confidential information keep this item from being properly validated per the FCRA. Additionally, I have a letter from the US Bankruptcy Court that confirms and clearly states that they DO NOT validate, verify, attest to the accuracy or inaccuracy of  information reported by consumer reporting agencies to include specifically Credit Bureaus. In short, the US Bankruptcy Court in all 50 States do not furnish information to credit bureaus ... period. This letter is attached to this complaint. The FCRA does provide laws that govern the reporting of discharged Bankruptcies, but does not however address dismissed items. Absent the law, Equifax does not get to create their own and continue reporting this invalidated information on my credit bureau file. Additionally, any item that has been dismissed by any US Court, criminal or otherwise is deemed to not exist. Why a dismissed item that can not be validated with the original source of information remains on my Equifax credit bureau report still remains a mystery. 

On my credit report with Equifax, they list a third party known as XXXX that allegedly provided this information to Equifax. I requested my consumer report from XXXX only to see that Equifax was NOT, nor have they ever been a requester of my information. The question then becomes, if Equifax has not requested this information from XXXX, how has this alleged information been validated? I have attached the portion of the XXXX report that shows any and all organizations that requested my consumer file that they maintain under my social security number ; to this complaint, and Equifax does not appear as having requested any information. 

Additionally, I had any and all information that is maintained under my social security number with XXXX frozen in XXXX of XXXX. Additionally, I exercised my legal right to opt out of XXXX providing any and all information to anyone anywhere in XXXX of XXXX. Confirmation of this is also attached to this complaint. 

In summary ; the issues are : Equifax is refusing to delete inaccurate, unvalidated as well as information from organizations that are in violation of the laws of the State of Texas from my credit bureau file. These actions are unlawful as well as unfair, and are damaging to my reputation as well as my ability to live a full life for myself and my minor children. These inaccuracies have caused me to be denied credit, as well as have the potential for me to be denied other God given rights afforded to me.

Company response to consumer: Closed with explanation