Consumer complaint received 2018-06-11
Company: EQUIFAX, INC.
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Public record information inaccurate

Complaint:
I have been disputing a Chapter XXXX Bankruptcy that Equifax Credit Bureau maintains under my Social Security number beginning with a letter sent via certified mail on XX/XX/XXXX, where they responded the Bankruptcy was verified by the U.S. Bankruptcy Court. I then sent another letter onXX/XX/XXXX via certified mail asking for verifiable documentation, where they responded that XXXX ( a third-party ) verified the bankruptcy. I then sent another letter on XX/XX/XXXX via certified mail asking for verifiable documentation and they responded saying that the U.S. Bankruptcy Court was now verifying the Bankruptcy again. I sent them another letter on XX/XX/XXXX via certified mail and they are still refusing to send me physical proof of the Bankruptcy. I have exhausted all avenues of trying to work with them and have no choice but to report them for non-compliance in adhering to the law. 

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 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, the bankruptcy information currently showing under my social security number needs to be PERMANENTLY DELETED from my credit report immediately. 

The EQUIFAX Credit Bureau needs to provide me with copies of all documentation associated with this Public Record Account 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 they maintain under my name and social security number. Per the Federal Credit Reporting Act, Section 609 ( a ) ( 1 ) ( a ), Credit Bureaus 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 Credit Bureaus post on anyones credit report. Otherwise, anyone paying for a Consumer 's reporting services could fax, mail and/or email in fraudulent and erroneous account information.

Company response to consumer: Closed with explanation