Consumer complaint received 2023-03-08
Company: EQUIFAX, INC.
State: VA
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:
In XX/XX/2023, I sent a letter certified mail to all three credit reporting agencies ( XXXX, XXXX, and Equifax ), explaining that they were violating the Fair Credit Reporting Act by continuing to report inaccurate information on my consumer report and release my consumer report without my written permission ( see attached, Record, No1A, Record No 1B, and Record No 1C ). This includes reporting over ten incorrect names, twenty incorrect addresses, and a plateau of incorrect and duplicate accounts and hard inquiries ( see attached credit report ). The bureaus stated that they would initiate a reinvestigation ; however, their investigation did not correct the errors I identified in my letter.

According to the Fair Credit Reporting Act, the following accounts have violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. 

Account XXXX : XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX Consumer Statue Violations : 15 U.S.C. 1681 Section 602 ( A/B ) : CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE a. Accuracy and fairness of credit reporting : The Congress makes the following findings : 1. The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

2. An elaborate mechanism has been developed for investigating and evaluating credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

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 ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

b. Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title.

15 U.S.C. 1681 SECTION 604 ( A/C ) : PERMISSIBLE PURPOSES OF CONSUMER REPORTS a. In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : 2. In accordance with the written instructions of the consumer to whom it relates.

c. Furnishing reports in connection with credit or insurance transactions that are not initiated by the consumer.

3. Information regarding inquiries. Except as provided in section 609 ( a ) ( 5 ) [ 1681g ], a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.

15 U.S. CODE 1681 SECTION 605 ( A ) : REQUIREMENTS RELATING TO INFORMATION CONTAINED IN CONSUMER REPORTS a. Information excluded from consumer reports. Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : 4. Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.

5. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

15 U.S. CODE 1681 SECTION 607 ( A/B ) : COMPLIANCE PROCEDURES.

a. Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 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 the maximum possible accuracy of the information concerning the individual about whom the report relates.

15 U.S. CODE 1681 SECTION 611 ( 1A/2B/5Ai, ii ) : PROCEDURE IN CASE OF DISPUTED ACCURACY.

Reinvestigations of Disputed Information 1. Reinvestigation Required a. ( A ) In general. Subject to subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

2. Prompt Notice of Dispute to Furnisher of Information b. ( A ) In general. Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer or a reseller in accordance with paragraph ( 1 ), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller.

5. Treatment of Inaccurate or Unverifiable Information A. In general. If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall i. promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and 52 611 - 15 U.S.C. 1681i ii. promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

Company response to consumer: Closed with explanation