Consumer complaint received 2023-04-01
Company: EQUIFAX, INC.
State: CO
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
This complaint with the CFPB and letter shall serve as formal notice of my intent to file a complaint with the FTC, followed by a complaint with my State Attorney General, due to your blatant and objectionable disregard of the law.

As indicated by the attached copies of certified letters you have received and accepted through USPS certified mail, my dispute letter dated XX/XX/XXXX. To date you have not done your duty as mandated by law. Your non-compliance with federal law is unacceptable and your disregard for it contemptible in court. Rest assured I shall hold you accountable. 

Federal law requires you to respond within 30 days, yet you have failed to respond to my most recent request of investigation from XX/XX/XXXX. Previous investigations have returned an unacceptable computer generated response with failure to investigate the actual under lying matter in which you have no legal authority to add to my credit report, based on the information that has been attached and provided regarding XXXX XXXX failure to handle dispute of unauthorized charges from XXXX XXXX XXXX, under the FCBA ( Fair Credit Billing Act ). XXXX XXXX did not handle my dispute of unauthorized charges dated XX/XX/XXXX and allowed/ paid a transaction which took me over {$3000.00} beyond my credit limit. When originally disputed, XXXX XXXX removed it from my account, then added back to my account 90 days later after not following up with me and told me there was nothing they could do further. They have since offered no remediation or settlement which I am legally entitled to, and have violated collection and charge off procedures awarded under the CARES act of the Covid 19 pandemic. 

Failure to comply with these federal regulations by credit reporting agencies are investigated by the Federal Trade Commission ( see 15 USC 41, et seq. ). 
I am maintaining a careful record of my communications with you on this matter ; for the purpose of filing a complaint with the FTC should you continue in your non-compliance. I further remind you that, as in Wenger v. Trans Union Corp., No. 95-6445 ( C.D.CaI. Nov. 14, 1995 ), you may be liable for your willful noncompliance. As a consumer reporting agency you are legally required to investigate and remove accounts from my report which are not being handled properly or legally under FCRA 623 ( b ) ( 1 ). Further more, under FCRA 623 ( b ) ( 2 ) and 611 ( a ) ( 1 ) you did not respond to my most recent dispute within 30 days, and this inaccurate account must be removed from my credit report immediately. If it is not I will be continuing with my above reference to filing reports with the FTC, Colorado Attorney General and taking legal actions against your agency as it is interfering with my ability to operate financially, is inaccurate, and you are not legally authorized to report the unlawful charges from XXXX XXXXXXXX without being able to accurately verify, which you have failed to do numerous times. 

For the record, the following information is being inaccurately and derogatorily included on my credit report, as I have advised you on multiple occasions, most recently XX/XX/XXXX. 

XXXX XXXX XXXX XXXX Amount : {$8400.00} on {$3700.00} credit limit Unauthorized charges paid bringing above credit limit and not responded to through dispute resolution under FCBA of 1974. Improper handling of fiduciary responsibility, financial negligence and improper implementation of rights under CARES act of 2020 in regards to illegal collection and charge off practices. 


If you do not immediately remove this inaccurate and illegal information, I will file a formal complaint with the Federal Trade Commission along with my Attorney General and will seek legal help to file lawsuit against your agency for reporting verifiably false and illegal information. 
Should you continue to operate with complete disregard for the law, I intend to seek redress in civil action for recovery of damages, costs, and attorney fees. For this purpose I am carefully documenting all my communications.

Company response to consumer: Closed with explanation