Consumer complaint received 2023-08-29
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I WAS NEVER LATE ON THIS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX THIS ACCOUNT STATUS IS REPORTING INCORRECTLY UPDATE ACCOUNT Request for Removal of XXXX XXXX XXXX XXXX Time Share and Cease and Desist Dear XXXX, I hope this letter finds you well. I am writing to formally request the immediate removal of an entry on my credit report related to a XXXX XXXX XXXX XXXX XXXX XXXX. I believe this entry is inaccurate and in violation of consumer protection laws. Additionally, I am issuing a cease and desist order to halt any further reporting of this false information. 

Here are the details of the matter : - Name : XXXX XXXX - Address : XXXX XXXX XXXX XXXX, XXXX  XXXX XXXX, FL, ZIP XXXX - Date : XX/XX/XXXX In XX/XX/XXXX, I attended a presentation by XXXX XXXX XXXX XXXX, where I was coerced into purchasing a time share. However, subsequent revelations have shown that the sales tactics employed were misleading and that the contract 's terms and conditions were misrepresented. As a consumer, I have the right to accurate and honest information when making financial decisions, and these practices were in violation of various consumer protection laws. 

I hereby request the following actions : 1. *Investigation : * I urge you to initiate an investigation into this matter and verify the inaccuracies in my credit report related to the XXXX XXXX XXXX XXXX  XXXX XXXX entry. 

2. *Removal : * Based on the evidence I've provided and the consumer protection laws violated, I request the immediate removal of the aforementioned entry from my credit report.

3. *Cease and Desist : * I am issuing a cease and desist order to prevent any further reporting of this false and misleading information on my credit report. 

I have attached supporting documentation that substantiates my claims, including records indicating that I tried to cancel within a week of signing the documents, but my attempts were ignored. I believe the following consumer protection laws have been violated : - Cooling-Off Period - Contract Rescission - Misrepresentation and Fraud Upon completion of the investigation and removal of the inaccurate entry, I kindly request written confirmation of these actions. Additionally, I ask that you communicate this correction to any third-party entities that have accessed my credit report recently.To Whom It May Concern, This letter shall serve as formal notice of my intent to file a complaint with the FTC, due to your blatant and objectionable disregard of the law. 
As indicated by the attached copies of letters and mailing receipts, you have received and accepted through registered mail my dispute letter dated, as well as my follow-up letter dated. To date you have not done your duty as mandated by law. Your non-compliance with federal law is unacceptable, your disregard for it contemptible. Rest assured I shall hold you accountable. 
Federal law requires you to respond within 30 days, yet you have failed to respond. Failure to comply with these federal regulations by credit reporting agencies are investigated by the Federal Trade Commission ( see 15 USC 41, et seq. ). 
I am maintaining a careful record of my communications with you on this matter ; for the purpose of filing a complaint with the FTC should you continue in your non-compliance. I further remind you that, as in Wenger v. Trans Union Corp., No. 95-6445 ( C.D.CaI. Nov. 14, 1995 ), you may be liable for your willful noncompliance.

For the record, the following information is being erroneously included on my credit report, as I have advised you on two separate occasions, more than 75 days and again 40 days ago : This letter is a formal complaint that you are reporting inaccurate and incomplete credit information.

According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify, through the physical verification of the original signed consumer contract, any and all accounts that you post on a credit report. Otherwise anyone paying for your reporting services could fax, mail or email in a fraudulent account. 

I demand to see verifiable proof ( i.e. : an original consumer contract with my signature on it ) that you have on file for the account listed below. 

Your failure to positively verify these accounts has hurt my ability to obtain credit. Under the FCRA, unverifiable accounts must be removed and if you are unable to provide me a copy of verifiable proof, you must remove the account listed below. 

and if you are unable to provide me a copy of verifiable proof, you must remove the account listed below. 

In accordance with the fair credit reporting act Convergent accounts, have violated my rights. 

This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureau { s }, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 { b } that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. 
Please provide me with the following :? What the money you say I owe is for :? Explain and show me how you calculated what you say I owe :? Provide me with copies of any papers that show I agreed to pay what you say I owe :? Provide a verification or copy of any judgment if applicable :? Identify the original creditor :? Prove the Statute of Limitations has not expired on this account :? Show me the you are licensed to collect in my state :? Provide me with your license numbers and Registered Agent or Agent of Service : At this time I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus { XXXX, Equifax or XXXX this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following :? Violation of the Fair Credit Reporting Act? Violation of the Fair Debt Collection Practices Act? Defamation of Character If your offices are able to provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. 
Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. 
If your company fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion { to any/all of the 3 major credit reporting bureaus : Equifax, XXXX and XXXX } request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX. 
It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. 
I demand that the following account be verified or removed immediately : I demand that the following account be verified or removed immediately : I appreciate your prompt attention to this matter and trust that you will take the necessary steps to rectify this situation. If you require further information, please don't hesitate to contact me at XXXX ( XXXX ) XXXX / XXXX or XXXX. 

Thank you for your cooperation. 

Sincerely, XXXX XXXX Sent Write to XXXX XXXX

Company response to consumer: Closed with non-monetary relief