Consumer complaint received 2020-07-30
Company: EQUIFAX, INC.
State: NC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Dear Sir/Madam : I obtained my THREE reporting credit report online and based on my findings there were three U.S. Bankruptcy FL XXXX XXXX Court items listed on my credit reports. 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 Bankruptcy Courts have mailed me letters which emphatically stated that they 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 U.S. Court system due to the Fair Credit Reporting Agency PRIVACY LAW.

My inquiry to the U.S. Bankruptcy Courts confirmed the 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, I need all bankruptcy information currently showing under my social security number to be PERMANENTLY DELETED from my credit report immediately.

The Three Credit Reporting Bureaus needs to provide me with copies of all documentation associated with these Public Record Accounts 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 you maintain under my name and social security number. Be further advised that I am closely monitoring my credit file. Per the Federal Law, you have exactly 30 days to complete this investigation as outlined per the Fair Credit Reporting Act 623 ( a ) ( 3 ).

Per the Federal Credit Reporting Act, Section 609 ( a ) ( 1 ) ( a ), you 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 you post on anyones credit report. Otherwise, anyone paying for your reporting services could fax, mail, email in fraudulent and erroneous account information. As such, if this unauthorized public record information is not deleted from my credit report within the next 30 days, I will be filing a complaint to the Federal Trade Commission, Consumer Financial Protection Bureau. 

Failure to respond in a satisfactory manner within 30 days of receipt of this certified letter will result in a small claims action against the three Credit Reporting Bureau. I will be seeking no less than {$5000.00} in damages for, but not limited to : 1 ) Defamation ; 2 ) Negligent Enhancement of Identity Fraud ; 3 ) Violation of the Fair Credit Reporting Act and Consumer Financial Protection Bureau.

Company response to consumer: Closed with explanation