Consumer complaint received 2021-06-01
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 AM NOT A CREDIT REPAIR COMPANY SO PLEASE DON'T TRY THAT BS WITH ME. REMOVE THIS BULL IMMEDIATELY. 
TO WHOOM IT MAY CONERN, I RECEIVED AN ALERT NOTIFYING THAT AN ACCOUNT WAS OPENED WITH TROPICAL FINANCIAL. I NOTIFIED THE CREDITOR AND COME TO FIND OUT THAT THE ACCOUNT WAS OPENED FRAUDULENTLY. I WAS TOLD THAT THE ACCOUNT WAS TO BE REMOVED PERMANENTLY AND IMMEDIATELY BUT IT HAS BEEN MORE THAN 2 YEARS AND NO RESPONSE BACK FROM EQUIFAX. I BELEIVED THAT THE ACCOUNT WAS REMOVED AND PLACED BACK ONTO MY CONSUMER REPORT. ACCORDING TO 15 US CODE 602 CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE 602. Congressional findings and statement of purpose [ 15 U.S.C. 1681 ] ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. 
( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

604 Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury. 
( 2 ) In accordance with the written instructions of the consumer to whom it relates.

( ii ) the consumer has authorized in writing ( which authoriza- tion may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.

( B ) Application by mail, telephone, computer, or other similar means. If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 615 ( a ) ( 3 ) ; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.

605B. Block of information resulting from identity theft [ 15 U.S.C. 1681c-2 ] ( b ) Notification. A consumer reporting agency shall promptly notify the fur- nisher of information identified by the consumer under subsection ( a ) -- ( 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.

607 Compliance procedures [ 15 U.S.C. 1681e ] a ) Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of sec- tion 605 [ 1681c ] and to limit the furnishing of consumer reports to the purposes listed under section 604 [ 1681b ] of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 604 [ 1681b ] of this title.

( b ) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

616 civil liability for willful noncompliance [ 15 U.S.C. 1681n ] ment imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

( b ) Civil liability for knowing noncompliance. Any person who obtains a con- sumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater.

( c ) Attorneys fees. Upon a finding by the court that an unsuccessful plead- ing, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

617. Civil liability for negligent noncompliance [ 15 U.S.C. 1681o ] ( a ) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the fail- ure ; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

( b ) Attorneys fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this sec- tion was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

619. Obtaining information under false pretenses [ 15 U.S.C. 1681q ] Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.

Company response to consumer: Closed with explanation