Consumer complaint received 2017-06-05
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
XX/XX/XXXX Hello, Thank you again for your complaint XXXX about EQUIFAX, INC.. We expect companies to respond to every complaint within a reasonable amount of time. We forwarded your complaint to the company, unfortunately, they have not responded in full to your complaint and are now late in getting back to you. This is unacceptable, and we regret that youve had to wait this long for a response.EQUIFAX HAS NOT RESPONDED TO THE COPLAINT SO THEY OWE ME DAMAGES, AS THE COMPLAINT STATED FACTS OF XXXX!!! WOW, WHAT A RESPONSE, REALLY??? I BEEN A VICTIM OF FRAUD?? NO XXXX XXXX, IM THE VICTIM AND EQUIFAX IS THE CRIMINAL!! SO ILL COMPLAIN AGAIN AND AGAIN AND AGAIN AND AGAIN TILL THEY GET THE XXXX OUT OF MY LIFE!!! THEIR RESPONSE IS INVALID AND DOESNT SHOW CLARITY OF THE PROBLEM AT HAND!!! this is NO response, so wheres my XXXX $ $ over 20 complaints and this is all i get for a response? YOU GOT TA BE KIDDIN ME!!! 20 complaints times XXXX =XXXX XXXX $ $ $ plus punative plus attorney fees, now CRIMINAL EQUIFAX CAN EXPLAIN TO ME WHY THEY ARE USING MY PRIVATE AND PERSONAL INFORMATION WITHOUT MY CONSENT AND PUTTING ME AT RISK OF INFORMATION BREACH? GIVE ME A VALID RESPONSE WITH CLARITY YOU XXXX XXXX!!! 05/01/2017 Hello, Thank you for your complaint XXXX about EQUIFAX, INC.. We reviewed the complaint you submitted and sent it to the company for a response. The company responded that you may have been a victim of fraud. respond rspnd/ verb 1. say something in reply. This legal notice being sent and delivered to you persuant to Florida Statutes 48.081 NOTICE OF ORDER TO CEASE AND DESIST FROM USING PERSONAL AND PRIVATE INFORMATION FL STATUTE VIOLATION 817.568 Title XLVI CRIMES Chapter 817 FRAUDULENT PRACTICES View Entire Chapter 817.568Criminal use of personal identification information. ( 1 ) As used in this section, the term : ( a ) Access device means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by paper instrument. ( b ) Authorization means empowerment, permission, or competence to act. ( c ) Harass means to engage in conduct directed at a specific person that is intended to cause substantial emotional distress to such person and serves no legitimate purpose. Harass does not mean to use personal identification information for accepted commercial purposes. The term does not include constitutionally protected conduct such as organized protests or the use of personal identification information for accepted commercial purposes. ( d ) Individual means a single human being and does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity. ( e ) Person means a person as defined in s. 1.01 ( 3 ). ( f ) Personal identification information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any : 1.Name, postal or electronic mail address, telephone number, social security number, date of birth, mothers maiden name, official state-issued or United States-issued driver license or identification number, alien registration number, government passport number, employer or taxpayer identification number, Medicaid or food assistance account number, bank account number, credit or debit card number, or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized electronic use of such card ; 2.Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; 3.Unique electronic identification number, address, or routing code ; 4.Medical records ; 5.Telecommunication identifying information or access device ; or 6.Other number or information that can be used to access a persons financial resources. ( g ) Counterfeit or fictitious personal identification information means any counterfeit, fictitious, or fabricated information in the similitude of the data outlined in paragraph ( f ) that, although not truthful or accurate, would in context lead a reasonably prudent person to credit its truthfulness and accuracy. ( 2 ) ( a ) Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning an individual without first obtaining that individuals consent, commits the offense of fraudulent use of personal identification information, which is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. ( b ) Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual without first obtaining that individuals consent commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is {$5000.00} or more or if the person fraudulently uses the personal identification information of 10 or more individuals, but fewer than 20 individuals, without their consent. Notwithstanding any other provision oflaw, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years imprisonment. ( c ) Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual without first obtaining that individuals consent commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is {$50000.00} or more or if the person fraudulently uses the personal identification information of 20 or more individuals, but fewer than 30 individuals, without their consent. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 5 years imprisonment. If the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is {$100000.00} or more, or if the person fraudulently uses the personal identification information of 30 or more individuals without their consent, notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 10 years imprisonment. ( 3 ) Neither paragraph ( 2 ) ( b ) nor paragraph ( 2 ) ( c ) prevents a court from imposing a greater sentence of incarceration as authorized by law. If the minimum mandatory terms of imprisonment imposed under paragraph ( 2 ) ( b ) or paragraph ( 2 ) ( c ) exceed the maximum sentences authorized under s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment under paragraph ( 2 ) ( b ) or paragraph ( 2 ) ( c ) are less than the sentence that could be imposed under s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, the sentence imposed by the court must include the mandatory minimum term of imprisonment as required by paragraph ( 2 ) ( b ) or paragraph ( 2 ) ( c ). ( 4 ) Any person who willfully and without authorization possesses, uses, or attempts to use personal identification information concerning an individual without first obtaining that individuals consent, and who does so for the purpose of harassing that individual, commits the offense of harassment by use of personal identification information, which is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. ( 5 ) If an offense prohibited under this section was facilitated or furthered by the use of a public record, as defined in s. 119.011, the offense is reclassified to the next higher degree as follows : ( a ) A misdemeanor of the first degree is reclassified as a felony of the third degree. ( b ) A felony of the third degree is reclassified as a felony of the second degree. ( c ) A felony of the second degree is reclassified as a felony of the first degree. For purposes of sentencing under chapter 921 and incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s.921.0022 of the felony offense committed, and a misdemeanor offense that is reclassified under this subsection is ranked in level 2 of the offense severity ranking chart in s. 921.0022. ( 6 ) Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual who is younger than 18 years of age or 60 years of age or older without first obtaining the consent of that individual or of his or her legal guardian commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. ( 7 ) Any person who is in the relationship of parent or legal guardian, or who otherwise exercises custodial authority over an individual who is younger than 18 years of age or 60 years of age or older, who willfully and fraudulently uses personal identification information of that individual commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084. ( 8 ) ( a ) Any person who willfully and fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning a XXXX individual commits the offense of fraudulent use or possession with intent to use personal identification information of a XXXX individual, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084. ( b ) Any person who willfully and fraudulently uses personal identification information concerning a XXXX individual commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of injury or fraud perpetrated is {$5000.00} or more, or if the person fraudulently uses the personal identification information of 10 or more but fewer than 20 XXXX   individuals. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years imprisonment. ( c ) Any person who willfully and fraudulently uses personal identification information concerning a XXXX  individual commits the offense of aggravated fraudulent use of the personal identification information of multiple XXXX   individuals, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of injury or fraud perpetrated is {$50000.00} or more, or if the person fraudulently uses the personal identification information of 20 or more but fewer than 30 XXXX individuals. Notwithstanding any other provision of law, the court shall sentence any person convicted of the offense described in this paragraph to a minimum mandatory sentence of 5 years imprisonment. If the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is {$100000.00} or more, or if the person fraudulently uses the personal identification information of 30 or more XXXX individuals, notwithstanding any other provision of law, the court shall sentence any person convicted of an offense described in this paragraph to a mandatory minimum sentence of 10 years imprisonment. ( 9 ) Any person who willfully and fraudulently creates or uses, or possesses with intent to  fraudulently use, counterfeit or fictitious personal identification information concerning a fictitious individual, or concerning a real individual without first obtaining that real individuals consent, with intent to use such counterfeit or fictitious personal identification information for the purpose of committing or facilitating the commission of a fraud on another person, commits the offense of fraudulent creation or use, or possession with intent to fraudulently use, counterfeit or fictitious personal identification information, a felony of the third degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084. ( 10 ) Any person who commits an offense described in this section and for the purpose of obtaining or using personal identification information misrepresents himself or herself to be a law enforcement officer ; an employee or representative of a bank, credit card company, credit counseling company, or credit reporting agency ; or any person who wrongfully represents that he or she is seeking to assist the victim with a problem with the victims credit history shall have the offense reclassified as follows : ( a ) In the case of a misdemeanor, the offense is reclassified as a felony of the third degree. ( b ) In the case of a felony of the third degree, the offense is reclassified as a felony of the second degree. ( c ) In the case of a felony of the second degree, the offense is reclassified as a felony of the first degree. ( d ) In the case of a felony of the first degree or a felony of the first degree punishable by a term of imprisonment not exceeding life, the offense is reclassified as a life felony. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed, and a misdemeanor offense that is reclassified under this subsection is ranked in level 2 of the offense severity ranking chart. ( 11 ) A person who willfully and without authorization fraudulently uses personal identification information concerning an individual who is 60 years of age or older ; a disabled adult as defined in s.825.101 ; a public servant as defined in s. 838.014 ; a veteran as defined in s. 1.01 ; a first responder as defined in s. 125.01045 ; an individual who is employed by the State of Florida ; or an individual who is employed by the Federal Government without first obtaining the consent of that individual commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083

Company response to consumer: Closed with explanation