Consumer complaint received 2021-08-07
Company: EQUIFAX, INC.
State: GA
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:
Dear XXXX  I obtained my XXXX  credit report on line. The following items were listed on my credit reports. 
Account Info Reference Number XXXX Court US BKPT CT GA XXXX. Per the FCRA 623 ( a ) ( 5 ) : If the Credit Bureau can not VALIDATE the information with the ORIGINAL CREDITOR, they must remove said information from the consumer credit file.

The County Recorder of Deeds and the Bankruptcy Courts have both mailed me letters which emphatically stated that they do NOT provide any information to credit reporting agencies, nor do they ever validate and/or confirm public records. It is the credit reporting agencies, and/or other third party providers who collect information regarding public cases from public records. Public records information is NEVER validated by the Recorder of Deeds nor the U. S. Court system due to the Fair Credit Reporting Agency PRIVACY LAW.

My inquiry to the County Recorder of Deeds and U. S. Bankruptcy Courts confirmed Equifax Credit Bureau has never validated or verified these public record entries on my credit report, neither will they ever be by them. They further stated while they are NOT liable or responsible for any MISUSE or INCORRECT public records, nor the distribution of said information, public records may, and oftentimes are, reported by third party sources unawares to the consumer, and in most cases, incorrectly.

Considering the information indicating a Fair Credit Reporting Act violation, I need all bankruptcy information currently showing under my social security number to be PERMANENTLY DELETED from my credit report immediately.

The Credit Bureaus needs to provide me with copies of all documentation associated with these Public Record Accounts bearing either a court order to place this information in my credit report, or my authorization of release bearing my signature. In the meantime, to be in full compliance with the FCRA laws and guidelines, all the information listed under Public Records needs to be immediately deleted from the credit file you maintain under my name and social security number. Be further advised that I am closely monitoring my credit file. Per the Federal Law, you have exactly 30 days to complete this investigation as outlined per the Fair Credit Reporting Act 623 ( a ) ( 3 ).

Per the Federal Credit Reporting Act, Section 609 ( a ) ( 1 ) ( a ), you are required by federal law to verify through physical verification of the original signed consumer contract and/or judgment ( s ) all accounts and public information that you post on anyones credit report. Otherwise, anyone paying for your reporting services could fax, mail, email in fraudulent and erroneous account information. As such, if this unauthorized public record information is not deleted from my credit report within the next 30 days, I will be filing a complaint to the Federal Trade Commission, Consumer Financial Protection Bureau. 
Failure to respond in a satisfactory manner within 30 days of receipt of this certified letter will result in a small claims action against Credit Reporting Bureaus. I will be seeking no less than {$5000.00} in damages for, but not limited to : 1 ) Defamation ; 2 ) Negligent Enhancement of Identity Fraud ; 3 ) Violation of the Fair Credit Reporting Act and Consumer Financial Protection Bureau. 
Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation