Consumer complaint received 2023-03-13
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: Information belongs to someone else

Complaint:
To whom it may concern This notice is being sent to you in response to multiple items being furnished on my consumer report that I did not authorize. When asked, your office replied that the dispute regarding the validity of the debt is not raised within the prescribed time period therefore the same is furnished in your report. 

In accordance with the Fair Credit Reporting Act, my rights as a consumer are continuously being violated. Continued reinvestigation of two alleged accounts after already having submitted identity theft reports. 15 USC 1681 section 602 A states I have the right to privacy. 15 USC 1681 604 states a consumer reporting agency ie ( XXXX, EQUIFAX, XXXX ) CAN NOT FURNISH my information without my written consent. MY CONSUMER FILE IS BEING UNREASONABLY TAMPERED WITH. I have made several attempts to remind you of your duties pursuant to 15 USC 1681. IT APPEARS THAT YOU ARE INTENTIONALLY AND WILLFULLY NEGLECTFUL IN REMEDYING MY AFFAIRS. 15 USC 1681e ( b ) assures that I am due promised accuracy in my report based on federal law.

Let it also be known that the following Consumer Credit Transaction initiated on these dates with the following financial institutions executed by way of signing an Agreement ( Document ).

As per 15 USC 6827 ( 3 ), The term document means any information in any form.

The provisions of 15 USC 6801 ( a ) require financial institutions to notify consumers of their information-sharing practices and provide for a right to opt out of certain sharing.

In the above-mentioned consumer credit transactions were done without my permission or opportunity to opt-out. Your Institutions have furnished my nonpublic personal information as a third party that is nonaffiliated with the transactions.

According to 15 USA 6809 ( 4 ) ( A ) The term nonpublic personal information means personally identifiable financial information 1 : Provided by a consumer to a financial institution 2 : resulting from any transaction with the consumer or any service performed for the consumer or 3 : Otherwise obtained by the financial institution Further, Pursuant to 15 USC 6809 ( 5 ) the term nonaffiliated third party means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution but does not include a joint employee of such institution. 

Therefore, as per the literal interpretation, the organization named XXXX, Equifax, and XXXX are nonaffiliated third parties and your institutions have violated the provisions of 15 USC 6802. 

Unless for some reason the named companies XXXX, Equifax, and XXXX can admit that they are affiliated there is still been a violation of the Fair Credit Reporting Act. 

USC 1681a ( d ) ( 2 ) ( A ) ( ii ), the consumer Report will not include any information communicated among persons related by common ownership or affiliated by corporate control.

Further USC 1681a ( d ) ( 2 ) ( A ) ( ii ), states that if the company wants to communicate other information among persons related by common ownership or affiliated by corporate control, it shall be clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer shall be given the opportunity to direct that such information not be communicated among such persons. 

Therefore, XXXX, Equifax, and XXXX have not only infringed on my right to privacy but also violated multiple federal laws. 

I hereby demand you remove the below-mentioned information from my consumer report : 1 : Fraudulent Hard Inquiries : Equifax : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX As for the following fraudulent accounts per 15 USC 1681, I ( A.5 ) states that after the reinvestigations all the unverified information must be promptly removed. You can see in your system that these accounts have been previously disputed without being thoroughly investigated thus I know that they can not be verified or validated.

Blacks Law Dictionary, 9th edition 2009 defines verify as 1 ) to prove to be true ; to confirm or establish the truth or truthfulness of ; to authenticate 2 ) to confirm or substantiate by oath or affidavit to swear to the truth of and VERIFICATION as confirmation of correctness, truth or authenticity, by affidavit, oath, or disposition. Affidavit of the truth of a matter stated and object of verification is to assure good faith in advertisements or statements of a party 2 : Fraudulent accounts : XXXX XXXX XXXX account including all alleged late payments which according to USC 1666b should not be reported on my consumer report either. 

XXXX XXXX Account If you accept my request, I will not escalate this matter to a federal complaint. 

Thank you for your attention to this matter. 

I will be following up in 4 days ' time as per 15 U.S.C. 1681c-2 ( a ) to assure that you have done your due diligence as the CRAs are required to block any of the information on the report and/or file of the consumer when the consumer identifies the information is a result of identity theft within 4 BUSINESS DAYS after the receipt of the Identity theft report.

Company response to consumer: Closed with explanation