Consumer complaint received 2020-04-02
Company: EQUIFAX, INC.
State: NY
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:
Legal Department, This credit dispute is being submitted as a new evidence dispute. The accounts that are being disputed, does not belong to me. The below is my sworn statement concerning these credit issues.

It is my sworn statement that, I declare under penalty of perjury ( " under the laws of the United States " if executed outside of the United States '' ) that the foregoing is true and correct to the best of my knowledge. Further, I certify that I am qualified and authorized to file this dispute. I also understand that knowing and a willful misstatement of omissions of material facts constitutes a federal criminal violation punishable under 18 U.S.C. 1001. Additionally, these misstatements are punishable l1S perjury under 18 U.S.C. 1621.

I have filed a report with the Federal Trade Commission, which I have enclosed within this dispute package. I have reached out to all of these creditors and have made them aware that these accounts were fraudulently opened, and they have known this for several months, but have yet to remove these accounts from my credit reports. Some of the creditors have been cooperative and have removed the accounts, but others have refused to remove the fraudulent accounts. Therefore, I have come to you, the credit reporting agencies to resolve these issues. The law says that you must block these accounts while being investigated, and I expect that you will do so.

I made an attempt to file a police report, but I was informed by my county that it did not constitute as an emergency, and that they would not file the report because I didn't have any information on the person who used my information, nor did I know how my information was obtained by this person.

It has also been discovered that these STUDENT LOAN ACCOUNTS were also being listed within m
y credit file. The fact is that these Student Loan Accounts are not mine. I did not open these accounts and did not even seek a high education or attend college. So these accounts do not belong to me. 

STUDENT LOAN CREDITORS : XXXX/DOFED   ACCOUNT NUMBER : XXXX Policy states ... 

According to the FAIR CREDIT REPORTING ACT " FCRA '' 611 ( 15 U.S.C. 1681 ), Procedure In Case of Disputed Accuracy ...

( a ) Reinvestigations of Disputed Information ( 1 ) Reinvestigation Required ( a ) In general. Subject to Subsection <t,, if the completeness or accuracy of any item of information contained in a consumer 's file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, 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 30day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit reporting agency, are reporting incorrect accounts. 

Finally, you are reporting the INQUIRIES that are the result of the same type fraudulent activities. I must be noted that I did not apply for credit accounts with the below listed companies and creditors, some of these are the result of attempts to open accounts, but the companies did not approve these accounts. Therefore, these inquiries must be deleted from within my credit file. You can not delete the fraudulently opened accounts without also deleting the fraudulent inquiries. 

Inquiries that are made by someone else without my authorization is not a factual record of access to my credit file, it is a factual record of fraudulent activity, and it must be addressed as such. The reason that these inquiries are being disputed is because they were not made by me, and when I report this to you, it is your responsibility to investigate my claims, and when you can not prove that these inquiries were made by me, they must be removed from my credit file. It is not my responsibility to go directly to each creditor, the obligation lies at your feet because you are reporting inaccurate information within my credit report, and this violates the FCRA. 

It should be noted that an inquiry that was not made by me is not a factual record, just as a fraudulently opened account is not a factual record and not referred to the creditor to be disputed directly with them. The credit reporting agencies have attempted to address an inquiry as a factual record of file access, but if it was done through fraudulent means, it is not a factual record. As a consumer I should not be required to dispute each fraudulent inquiry directly with each company. These inquiries are the result of fraudulent activity and therefore inaccurate information in which the credit reporting agencies or the creditors can not verify, meaning that these inquiries are unverifiable information and must be deleted from out of my credit file. 

INQUIRIES : I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency, report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is with this in mind that I request that these listed accounts and items be BLOCKED and DELETED! 

Policy states ... 

According to the FAIR CREDIT REPORTING ACT " FCRA '', Section 1681c ( 2 ) Block of information resulting from identity theft.

1. Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than four ( 4 ) business days after the date of receipt by such agency of ... 1. Appropriate proof of identity of the consumer ; 2.
A copy of an identity theft report 3. The identification of such information by the consumer ; and A statement by the consumer that the information relating to transaction by the consumer.

All furnishers of information to consumer reporting agencies must comply with all applicable regulations. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau 's website, www.cons  umerfinance.gov/learnmore. 

NOTICE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act ( FCRA ), 16 U.S.C 1681168l y, imposes responsibilities on all persons who furnish information to consumer reporting agencies ( CRAs ). These responsibilities are found in Section 623 of the FCRA, 16 U.S.C 168ls2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to  consult with their counsel to ensure that they are in compliance. The text of the FCRA is available at the website of the Consumer Financial Protection Bureau ( CFPB ) : www.consumerfinanoe.gov/learnmore. A list of tile sections of tile FCRA cross-referenced to the .U.S Code is at the end of this document.

Section 623 imposes the following duties upon furnishers : Accuracy Guidelines The FCRA requires furnishers to comply with federal guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. Federal regulations and guidelines are available at www.consumerfinance.gov/learnmore. Section 623 ( e ).

General Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623 ( a ) ( l ) ( A ) and ( a ) ( l ) ( C ).

Duty to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnish.es information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections and must thereafter report only the complete and accurate information. Section 623 ( a ) ( 2 ).

Duties After Notice of Dispute from Consumer If a consumer notifies a furnisher, at an address specified for the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( l ) ( B ).

If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnish
er may not subsequently report that information to a CRA without providing notice of the dispute. Section 623 ( a ) ( 3 ).

Furnishers must comply with federal regulations that identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Under these regulation, s furnishers mu.et complete an investigation within 30 days ( or 45 days, if the consumer later P? vid s relevant additional information ) unless the dispute is frivolous or irrelevant or comes from a credit repair organization. Section 62S ( a ) ( 8 ). Federal regulations are available at www.consumerfinance.gov/learnmore. Section 623 ( a ) ( 8 ) Duties After Notice of Dispute from Consumer Reporting Agency If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must : Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623 ( b ) ( l ) ( A ) and ( b ) ( 1 ) ( B ).

Report the results to the CRA that referred the dispute and, if the investigation establishes that the information was in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Section 623 ( b ) ( l ) ( C ) and ( b ) ( l ) ( D ).

Complete the above steps within 30 days from the date the CRA receives the dispute ( or 45 days, if the consumer later provides relevant additional information to the CRA ). Section 623 ( b ) ( 2 ).

Promptly modify or delete the information or block its reporting. Section 623 ( b ) ( l ) ( E ), Duty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnished information to one or more CRA.s must report this fact when .it provides information to CRA.s for the time period in which the account was closed. Section 623 ( a ) ( 4 ).

Duty to Report Dates of Delinquencies If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer 's file. Section 623 ( a ) ( 5 ).

Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRA.s may comply with the requirements of Section 623 ( a ) ( 5 ) ( until there is a consumer dispute ) by reporting the slime delinquency date previously reported by the creditor. H the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date can not be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection charged to profit or loss, or subjected to any similar action. Section 623 ( a ) ( 5 ).

Duties of Financial Institutions When Reporting Negative Information Financial institutions that furnish information to " nationwide '' consumer reporting agencies, as defined in Section 603 ( p ), must notify consumers in writing if they may furnish or have furnished, negative information to a CRA. Section 623 ( a ) ( 7 ). The CFPB has prescribed model dis
closures, 12 CFR Part 1022, App. B.

Duties When Furnishing Medical Information A furnisher whose primary business is providing medical services, products, or devices ( and such furnisher 's agents or assignees ) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623 ( a ) ( 9 ). This notice will enable CRAs to comply with their duties under Section 604 ( g ) when reporting medical information.

Duties When ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is i
nformed by the consumer that the information is correct. Section 623 ( a ) ( 6 ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each CRA of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher many not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 61500. 

The CFPB 's website, www.consumerfinance.gov/learnmore, has more information about the FCRA, including publications for business and the full text of the FCRA.

Citations for FCRA sections in the U.S. Code, 15 U.S.C. 1681et seq. : I have provided all of the above listed items within this package. Therefore, I expect these listed accounts to be deleted and blocked within four ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit  report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted.

Company response to consumer: Closed with explanation