Consumer complaint received 2021-09-01
Company: EQUIFAX, INC.
State: GA
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:
I am XXXX XXXX I am not a third party company. I do not want any XXXX XXXX disputes, I repeat that i am am not open to XXXX XXXX disputes. The Fraudulent accounts I am disputing are XXXX XXXX XXXX XXXX XXXX it seems that my personal information has been leaked in a breach. I am unaware as to if the accounts were part of the breach. I have no prior knowledge. I XXXX XXXX have the right to cite the laws that protect me as a consumer and natural person, and I am exercising my rights as a consumer. Equifax have violated my rights and I have listed them below you have also failed to comply and properly handle the procedure. I have sent previous certified mail to Equifax for a dispute where it has been more than a few months. I have not given Equifax any written consent to furnish information on my consumer report. Pursuant to The Congress FCRA, 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures Also a consumer reporting agency not credit bureau. You are not a credit bureau you're a consumer reporting agency. Now Pursuant to 15 U.S. Code 1681b - Permissible purposes of consumer reports, I XXXX XXXX is the consumer and natural person this is not a third party company it is studying how I am able to exercise my rights as a consumer and protect myself as a natural person from a nothing consumer reporting agency who violates my rights as a consumer with no written consent to furnish information on my consumer report without me Pursuant to Pursuant to 15 U.S. Code 1681b - 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. You have to have written consent and this is Congress FCRA laws not Equifax laws. No consumer reporting agencies may make any consumer report containing any of the following items of information Except as authorized under subsection XXXX b ), no consumer reporting agency : 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports. I have stated and have sent in documents to present that the accounts listed XXXX XXXX XXXX XXXX XXXX is 15 U.S. Code 1681c2 - Block of information resulting from identity theft as I presented my documents mailed and faxed you did not honor it and you refused to investigate with XXXX XXXX. I do not want any XXXX XXXX to dispute. You never actually disputed the accounts that I specified as fraudulent. The accounts were removed and placed back onto my consumer report which was a violation and I was not contacted. This has been an on going issue and has cause mental issues in my life and distress. I have not been in the correct mindset as I was during this situation and I have filed a lawsuit enforcing instructions for specified remedy and for punitive damages for the mental state that has been caused by Equifax. I have yet to receive a disclosure of who when where and how the process was accessed. 15 U.S. Code 1681d - Disclosure of investigative consumer reports. ( b ) Disclosure on request of nature and scope of investigation Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection ( a ) ( 1 ), make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later. As The Congress states here ( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 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 1681b of this title.

( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Every consumer reporting agency shall, upon request, and subject to section 1681h ( a ) ( 1 ) of this title, clearly and accurately disclose to the consumer : ( 1 ) All information in the consumers file at the time of the request, except that ( A ) if the consumer to whom the file relates requests that the first 5 digits of the social security number ( or similar identification number ) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure ; and For the final time as I mentioned in several disputes if you allow any information that has been deleted to resurface onto my consumer report it is in fact a violation. Pursuant to FCRA and here is yet another violation. Pursuant to 15 U.S. Code 1681c2 - Block of information resulting from identity theft ( a ) Block Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater.

( c ) Attorneys fees Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. 
( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure ; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

( b ) Attorneys fees On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

Company response to consumer: Closed with explanation