Consumer complaint received 2023-02-04
Company: EQUIFAX, INC.
State: CA
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:
YOU BROKE THE LAW I am writing to bring to your attention a serious violation of my consumer rights as per the Fair Credit Reporting Act ( FCRA ) and Title 15 of the United States Code ( USC ) 1681. Your company has failed to comply with the legal obligations and standards set forth by the FCRA and Title 15 USC 1681, which has resulted in significant harm to my reputation, creditworthiness, and privacy.

Pursuant to Title 15 USC 1681 ( a ) ( 1 ), the accuracy and fairness of consumer reports are crucial to the integrity of the banking system. However, upon reviewing my consumer report, I have discovered that it is inaccurate and unfair. This is because I was not notified of the furnishing of this information, nor was I informed during your company 's initial investigation that this information would be reported.

Pursuant to Title 15 USC 1681 ( a ) ( 2 ), your company 's actions have damaged my reputation and creditworthiness, and as a result, I will no longer extend credit. If this inaccurate information is not promptly removed from your company 's database, I request that my information no longer be reported by your company.
Title 15 USC 1681 ( a ) ( 3 ) states that your company must obtain my permission or that of a competent court of jurisdiction before assuming the role of reporting my information. Your company 's assumption of this role, without obtaining proper authorization, constitutes a violation of my consumer rights.

Pursuant to Title 15 USC 1681 ( a ) ( 4 ), your company has failed to ensure the accuracy of the information in my consumer report and has not acted with fairness and impartiality. You did not consult with me to verify the validity of this transaction, resulting in a breach of my privacy. ( See Exhibit A ) Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( I ) clearly states that a consumer report should not include transactions between the consumer and the person making the report. The alleged transaction that you have reported, without proper investigation, falls into this category and should not be included in my consumer report, thereby violating my consumer rights.

Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( III ) mandates that I must be given the opportunity to deny the inclusion of information in my consumer report. Your failure to do so constitutes another violation.

Pursuant to Title 15 USC 1681a ( B ), any authorization of a specific extension of credit or a credit card should be excluded from my consumer report. The transaction that your company has failed to investigate, which was issued from a credit card, falls under this category and should not be included in my consumer report. ( Definition attached and highlighted in Exhibit B ) Title XXXX XXXX XXXX ( XXXX ) states that the production of an investigative consumer report requires the gathering of information from various sources, including personal interviews with individuals who may have knowledge of the consumer. The FCRA sets strict guidelines for the information that can be included in a consumer report and the methods used to obtain that information. Companies producing consumer reports are required to conduct a reasonable investigation and provide consumers with a copy of the report if requested, along with information about the sources of the information included in the report. 

In conclusion, the production of an investigative consumer report demands a thorough investigation to ensure the accuracy and reliability of the information included in the report. The FCRA provides the legal framework to protect consumers against the dissemination of inaccurate or incomplete information. Your company 's failure to adhere to the legal requirements and standards set forth by the FCRA and Title 15 USC 1681 has resulted in significant harm to my reputation, creditworthiness, and privacy. I demand immediate rectification of this situation.

Company response to consumer: Closed with explanation