Consumer complaint received 2017-10-10
Company: EQUIFAX, INC.
State: GA
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:
I 've contacted Equifax regarding a XXXX XXXX collection account being reported via fax on XXXX/XXXX/XXXX. In my correspondence, I explained that I had been married for 20 years and have no recollection of opening any accounts in my own name. I advised Equifax that I 'd contacted XXXX Funding to try to obtain proof that the delinquent account is being reported on the correct person and that XXXX had not provided sufficient information and that Equifax is reporting unvalidated information, which is a violation of the Fair Credit Reporting Act and asked for an investigation and deletion. I received a response from Equifax saying that XXXX verified the information as accurate. I called and spoke with a US special agent asking for copies of what XXXX furnished as proof that the account belongs to me. The agent advised that no proof or records are collected. XXXX XXXX only had to verify that the information furnished is accurate and that that is done through Equifax 's system. The agent also said that they are unable to make changes or delete entries as they are only a reporting agency. I stated that I had mad Equifax aware that they are reporting inaccurate and unvalidated information, so any inaction is complicity. She said her hands were tied but suggested that I contact the CFPB. 

Before filing this complaint with the CFPB, I contacted the XXXX XXXX XXXX to see if they could assist me in getting proper validation. By this time, I 'd done some research on the company and found that this is a recurring complaint regarding XXXX and that its parent company had been successfully sued for this very sort. My complaint was submitted to XXXX XXXX who responded with the same insufficient information in their previous response to me, XXXX as the creditor and the amount that I was said to owe. But nothing that proved that I opened an account, when, where, how. So I rejected the response and again asked for " proper validation '' .The company asserts that they have provided validation and, since the debt is outside of the statute of limitations, it will " cease and desist '' as I have requested, and not contact me again. 

My request was that they " cease and desist ALL collections activities '' until such time that proper validation is tendered. However, they continue to report which is in violation of the Fair Debt Collection Practices Act. 

I 've since filed a complaint with the CFPB, providing copies of all correspondences sent and the complaint was forwarded to XXXX XXXX has responded by stating that they have provided verification to me ( insufficient printout ) and to the XXXX XXXX they only restated what they had said to me and provided no additional information to XXXX. A copy of all correspondences are attached to this complaint ). They stated that any complaint with how the tradeline is being reported should be taken up " directly with the credit bureaus '' and that my account will remain marked " cease and desist ''. And with that, the complaint has been marked " closed ''. But, there was not mention of whether the cease and desist includes all collections activities, including reporting to the credit bureaus. [ Note carefully worded response provided by XXXX as I have advised them that I am willing to consider any remedies to resolve this including filing complaints and any other legal actions deemed necessary. ] As of this date, XXXX XXXX no longer is reported with XXXX or XXXX so, this complaint now only involves Equifax. Also note, that at no time, has any of these credit reporting agencies had a XXXX account listed on any of my credit reports but, Equifax is ok believing that the information from the collections agency is accurate. 

( Continued reporting of unvalidated information is highly injurious to me and a direct violation of my federally-protected rights under the Fair Debt Collection Practices Act. I am making you aware and providing proof that validation had been requested and XXXX XXXX was unable to provide proof that the alleged debt exists. 

As per the Fair Credit Reporting Act, if no proof of debt exists, it can not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor. ) I called CFPB for further explanation of the closure of the complaint against XXXX XXXX. I was advised to file complaints against Equifax and XXXX. 

I was advised by Equifax that XXXX XXXX is only scheduled to remain on my Equifax report through XXXX XXXX. However, I 'd like to take action now, during the period of violation and while I am being damaged. 

Thank you for your expedient attention to this matter. 

XXXX XXXX

Company response to consumer: Closed with non-monetary relief