Consumer complaint received 2023-10-11
Company: EQUIFAX, INC.
State: GA
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:
I have asked for all the creditors that has falsely reported information on my credit file to validate debts by providing proof of this alleged item, specifically the original application, contract, note, other instrument bearing my signature and payment history. Please provide this information within 15 days. This agency is in violation of 15 U.S.C. 1692g. They were to notify me of this in writing 5 days prior, I was not. As the original creditor, only I can validate this debt. I do not validate this debt. Therefore, the following accounts must be deleted from my report. Failure to respond satisfactorily with deletion of the above referenced account and a free copy of my report after the changes have been made will result in the above actions being taken against your company. 

Debt buyer are not a creditor therefore on my report where it shows collection agency as creditor it's inaccurate reporting and violation under FDCPA definitions of creditor. This is inaccurate and needs to be deleted immediately as its a violation. Please view the below definitions, 12 CFR Part 1006 - Fair Debt Collection Practices Act ( Regulation G ) 1006.2 ( g ) Definitions. 
( g ) Creditor means any person who offers or extends credit creating a debt or to whom a debt is owed. The term creditor does not, however, include any person to the extent that such person receives an assignment or transfer of a debt in default solely to facilitate collection of the debt for another. 

These account are inaccurate under 15 U.S.C. 1692g validation of debt. In addition, while the collector attempted to collect a debt that is not mine, they broke 15 U.S. Code 1692k - Civil liability. Below I have attached the definition of the law as this is my right. Please have this inaccurate account removed from my credit as it is damaging my personal life or pay the {$1000.00} fine for breaking this law.

15 U.S. Code 1692k - Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs.

It was communicated to me to reach out to creditor to expedite the removal. As of the date of previous complaints, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed.

I understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America.

Company response to consumer: Closed with non-monetary relief