Consumer complaint received 2018-06-19
Company: EQUIFAX, INC.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Personal information incorrect

Complaint:
CFPB # XXXX Is still open and un addressed by XXXX. 

This is a " Notice of Inaccurate Furnishing of Credit Information '' and Request for Validation of Account. In response to my proir CFPB complaints the credit agencys sent me out reports. I then discovered that XXXX XXXX   and Equifax inaccurate and unverified information. 

Seperate and aside from this, the CFPB # XXXX Is still open. Why? because the second part pertaining to XXXX XXXX is stilll un-addressed by XXXX. It shows clear discrepencyies in blanck and white being reported. I annanote them here and uploaded them. 

Additionally, this new compalint now SECOND request via CFPB is a request for validation of the reported accounts pursuant to 15 U.S.C. 1692g ( b ). This is NOT a request for verification or open up disputes or proof of mailing address, but a request for validation pursuant to the statute XXXX5 U.S.C. 1692g ( b ). An explanation on the Charge offs being reported, of what the amount owed is for? How it was incurred? An explanation of how this amount was calculated? And Copies of any documents that show I agreed to pay this amount. 

XXXX, has just last week gone ahead and sent me a letter, in follow up to still open compalint CFPB # XXXX. The letter from XXXX, asking me to prove the facts I am challenging. Uploaded discrepencies are with this compalint to support my inaccurate information allegation on XXXX XXXX XXXX I allege also inaccurate information on Creditors XXXX, XXXX   XXXX XXXX, XXXX XXXX too. All misrepesenting exact dates, and delinquencies, and MUST be expunged. 

The credit reporting agency XXXX by sending a leter, is inferring that they as the credit reporting agency have no legal obligation under the fair credit act to REMOVE inaccurate information from my credit report. That is only partially true. The federal trade commission ( and XXXX knows this ) " If accurate or derogatory information in the consumer 's file can not be verified '', the reporting agency is required to remove it. 

The perceived strategy of XXXX sending me a letter, is that if I do not respond to their communication - XXXX will close out file claiming I no loger challenge the accuracy. This CFPB letter is a request for validation of accuracy. 

Here is from the Federal Trade Commission cite. The FEDERAL GOVERNMENT clearly says - - a consumer reporting agency is not required to remove accurate derogatory information about / on aconsumer 's file, - - unless the information is out dated under section 605 or can not be verified AND burden of proof to verify is on the credit agency and the reporting creditors. NOT the consumer. 

Here is FTC link : https : //www.ftc.. Gov/XXXX The LAW on consumer protection cites : " If accurate derogatory information about /on the consumer 's file can not be verified, the reporting agency is required to remove it. This law requires every company that reports credit events - - not just the original creditor companies - - to be able to produce verifiable proof of the negative event. It holds the credit reporting agencies accountable for the negative information they pass on. The burden of proof, is not entirely on the original creditors. All parties reporting this data are responsible for its accuracy. The companies that report credit events, besides the original creditors, are the credit bureaus - - principally XXXX, Equifax and XXXX " This is my second request for the same thing. I percieve the reported information on the negative items is WRONG. Verify ALL negative accounts or REMOVE them. The report uploaded here shows discrepency in clear black and white on the report, different " first reported " dates for the same debt. The Debt was also sold to a company XXXX XXXX. The company XXXX, responded to CFPB Bureau a year ago, and removed their reporting of loanme from my credit file. Now, the SAME loan same amount has been apparently SOLD to some other company by XXXX. The current reporting company in XX/XX/XXXX called XXXX XXXX XXXX, in a written response to CFPB claim " XXXX XXXX XXXX sold them the debt ". 

Clearly the company XXXX is not aware XXXX XXXX  reported ( and still is reporting ) publicly on my credit file as DEBT sold to XXXX. And XXXX got challenged by CFPB. 

The information clearly is very convoluted and conflicting. Under 609 of the fair credit act and 609 ( c ) ( 2 ) ( E ) the credit agency is NOT required to remove the information unless the inaccurate information can not be verified. The burden of verifying the information is NOT on me. XXXX, XXXX, XXXX  ALL can not verify the negitave debits when requested. And equally under the Fair credit act, if information is not reported as accurate its got to be removed. 

I hereby demand - The expunging of all accounts including XXXX XXXX. XXXX - bank in a resent request for proof of accurate reporting of dates, first delinquencies. No evidence of this was sent to me or XXXX  Equifax or XXXX. All I got was a letter from XXXX alleges that " we looked into it and it is reported accurate ". This is not an appropriate responce. NO supporting documentation to back up the chase letter, and no satisfactory response to request for proof .XXXX and other agencys simply updated the records as " investigated " and ignored their obligations and burden with proof. 

The question now for attorneys reading this publicly published complaint ( I addationaly requested publication of this with Gov FTC too ) is has the credit agency maintain verifiable records of people 's debts? Only one way to find out. Challenge the credit bureaus to verify the negative credit events in credit report by producing a copy of the Original Creditor 's Documentation. The credit agencies have ALL not been abel to and are not meeting their obligations.

Company response to consumer: Closed with explanation