Consumer complaint received 2022-07-04
Company: EQUIFAX, INC.
State: MI
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
Heed that this will be my FINAL letter in order to get my account in conjunction with what I, XXXX XXXX XXXX, also being referred to as the consumer to be true. Firstly, my name is XXXX XXXX XXXX, who is a natural living man not to be presumed a Legal Entity. I shall not be referred to as any other name because such names are not an accurate representation of the Legal Entity that I use to conduct business in commerce. Therefore, I demand that all other iterations and misspellings on my name be deleted from my report.

According to 15 USC 1681a ( e ) - The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. 

On XX/XX/XXXX, I requested the following information : Who personally conducted the investigation? 
The method in which the investigation was conducted Per cue the freedom of information act, 5 USC 552 to show ALL documentary evidence as explained via 15 USC 44 & IRS Publication 583 ( all records, ledgers, contracts exemplifying rights to holder in due course, bonds, insurance, form SSA-89 ) proving that there is a debt obligation that is owed by the consumer. 

I have not received any evidence that a proper investigative consumer report has been conducted on my behalf. I have not received any evidence ( such as an instrument of indebtedness ) to prove that the alleged debt is my obligation and furthermore, I know for a fact that such an obligation does not fall on me. As a creditor operating in a bankrupt system, allow me to further provide evidence to these facts. House Joint Resolution ( HJR ) 192 of June 5, 1933, describes the suspension of the gold standard and thus makes all debts discharged to the United States. This is further evidenced by Title 18 USC 8- The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States , stamps and other representatives of value, of whatever denomination, issued under any Act of Congress , and canceled United States stamps. 

Instead of the requested proofs, I've received a lofty explanation in ALL CAPS that could easily be perceived as an intimidation tactic to persuade me from seeking further remedy. Compliant XXXX submitted on XX/XX/XXXX gave me no resolution but it did in fact happen to give a detailed account of how an improper investigation was conducted. It did, however, mention the furnisher or vendor numerous times but not once referred to the consumer or the companys obligation to such consumer. I have never been the debtor and unless your organization brings forth proof of claims by sworn affidavit under penalty of perjury within 10 days of receiving this correspondence, I expect the strict performance of my following written instructions : According to 15 U.S. Code 1681b - Permissible purposes of consumer reports 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.

According to 15 U.S. Code 1681m - Requirements on users of consumer reports ( d ) the consumer has a right to prohibit information contained in the consumers file with any consumer reporting agency from being used in connection with any credit or insurance transaction that is not initiated by the consumer; and ( e ) the consumer may exercise the right referred to in subparagraph ( D ) by notifying a notification system established under section 1681b ( e ) of this title. 

Therefore I, XXXX XXXX XXXX, would like to formally give notice of election and declare that my written instructions are the following : My consumer report is to contain no adverse information regarding any debt collection. I have given ample amount of time to give proof that such furnishings were indeed factual. Therefore, cease all reporting of any of the following collection accounts : XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( b ) I do not consent to the reporting of the account involving child support beginning in # XXXX ( c ) I do not consent to the reporting of XXXX XXXX beginning in XXXX ( d ) Furthermore, I do not consent to the use of XXXX for the review of my future correspondences. I prefer a living person to thoroughly look over whatever dispute that I may have in regard to my report.

According to 15 U.S. Code 1681a - ( 2 ) -the term consumer report does not include ( a ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; A late payments and charge offs are prima facie of the transaction or experiences that took place between the consumer and the person furnishing the report. This is a direct violation of the code and I do not consent to having any late payments or charged offs displayed within my consumer report whether regarding open or closed accounts. 
To be clear this includes late payments on : XXXX account # XXXX XXXX XXXX account # XXXX XXXX XXXX # XXXX XXXX XXXX account # XXXX This also includes charge offs on : XXXX XXXX XXXX XXXX account XXXX XXXX XXXX XXXX account # XXXX I deem it reasonable to allow up to 10 days from the receipt of this certified mail for my consumer report to be updated to reflect the previously mentioned amendments. Failure to completely rectify these imperfections in a timely manner will result in legal action for every individual violation as I have been seeking remedy since last year. This will include Defamation of character ( per se ), negligence enablement of identity fraud, fair debt collections practices act 15 USC 1692g violations, fair credit reporting act 15 USC 1681 violations for willful non- compliance, 616 Civil liability for willful noncompliance 15 USC 1681n. 

Your organization is not honorable in your dealings and in my personal opinion, you deserve to be sued an infinite number of times for emotional, financial and punitive damages that are inflicted upon the very consumers that are supposed to be served. Cease and desist all further communication via email ( electronic mail ), telephone, text, or fax. ALL further correspondences shall be through mail and only for the following reasons : To send updated consumer reports as I request To acknowledge that accounts have been removed from my report Direct response to requests made within this letter In response to legal actions taken by either your organization or me. 

I, XXXX XXXX XXXX on XX/XX/XXXX, hereby rescind all contracts, implied and expressed in regard to any agreement with your consumer reporting agency. Going forward our business relationship shall be based on the limit of elections given within this document unless expressed further in the future by I, the consumer. General acquiescence or non- response by your organization will constitute agreement and formal acceptance. You will have formally accepted each and every fact herein as they operate in favor of the undersigned due to your silence, and estoppel is in effect. You admit to your non-response to bring forth Proof of claim in support of a clean hands doctrine, full disclosure, good faith dealing pursuant to the Fair Debt Collections Practices Act as it may apply to your presentment in regard to alleged transaction/ contract as referenced above.

Company response to consumer: Closed with explanation