Consumer complaint received 2017-08-25
Company: EQUIFAX, INC.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
in correspondence dated XX/XX/XXXX2017, I sent this company a formal request to REMOVE and BLOCK item XXXX XXXX XXXX XXXX  from my credit report as this is a fraudulently opened account resulting from Identity theft. I sent this company this letter together with the FTC affidavit I signed and had notarized with all the other accounts that have been opened fraudulently and reported to this company. All other accounts have been removed from my credit report on all credit bureaus, except this item. This is a clear violation of 605B of the Fair Credit Reporting Act : FCRA 605B ( 15 U.S.C. 1681c-2 ) ( a ) 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 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 
( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section ; and ( 4 ) of the effective dates of the block. 
( c ) Authority to decline or rescind.
( 1 ) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions. 
( 2 ) Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title. 
( 3 ) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block. 
( d ) Exception for resellers. 
( 1 ) No reseller file. This section shall not apply to a consumer reporting agency, if the consumer reporting agency ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft. 
( 2 ) Reseller with file. The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ;

Company response to consumer: Closed with explanation