Consumer complaint received 2015-05-07
Company: EQUIFAX, INC.
State: SC
Product: Credit reporting
Issue: Incorrect information on credit report
Sub-issue: Information is not mine

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX Equifax XXXX XXXX XXXX, XXXX. 
XXXX, GA XXXX XXXX : Pending Lawsuit FCRA Violations Once Demand For Payment Is Received Have Your Corporate Counsel Contact Me By Phone To Verify Receipt To Whom It May Concern : This letter is in reference to the countless attempts I have made to resolve incorrect information on my credit report. I have had several accounts and inquires opened fraudulently as a result of a well documented pattern of Identity Theft. Yet every time I have attempted to dispute said information I am met with the same response " Inquires are a factual record of data ... '' This letter I hope shall put an end to any discrepancy we may have both now and in the future. For starters lets clarify FCRA section 15 U.S. Code 1681i - Procedure in case of disputed accuracy states : " Subject to subsection ( f ) of this section, if the completeness or accuracy of any item of information contained in a consumer 's 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. '' Now when your company is notified of a dispute you are required by law as seen above you are obligated as a Consumer Reporting Agency to conduct a full and complete investigation. By merely responding and stating inquires are a factual record of data is not doing so. To clarify my point I will cite case law XXXX v. XXXX XXXX XXXX, XXXX XXXX XXXX XXXX - Court of Appeals, XXXX Circuit XX/XX/XXXX : '' The key term at issue here, " investigation, '' is defined as " [ a ] detailed inquiry or systematic examination. '' XXXX. XXXX XXXX XXXX ( XXXX XXXX ) ; see XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) ( defining " investigation '' as " a searching inquiry '' ). Thus, the plain meaning of " investigation '' clearly requires some degree of careful inquiry by creditors. Further, XXXX ( b ) ( XXXX ) ( A ) uses the term " investigation '' in the context of articulating a creditor 's duties in the consumer dispute process outlined by the FCRA. It would make little sense to conclude that, in XXXX creating a system intended to give consumers a means to dispute -- and, ultimately, correct -- inaccurate information on their credit reports, Congress used the term " investigation '' to include superficial, un reasonable inquiries by creditors. XXXX. XXXX v. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ) ( interpreting analogous statute governing reinvestigations of consumer disputes by credit reporting agencies to require reasonable investigations ) ; XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ) ( same ). We therefore hold that 1681s-2 ( b ) ( 1 ) requires creditors, after receiving notice of a consumer dispute from a credit reporting agency, to conduct a reasonable investigation of their records to determine whether the disputed information can be verified. '' At this point your companies failure to comply with the FCRA has caused me significant and undue financial harm as a result I will be filing a lawsuit for {$100000.00} to include damages for me being unable to obtain my XXXX XXXX XXXX as a result of your companies failure amongst other things. Unles we can come to a resonable resolution as far as the removal of the accounts/inquires within 14 calendar days from the date of receipt of this letter. 

Thank You, XXXX XXXX SSN XXXX

Company response to consumer: Closed with explanation