Consumer complaint received 2019-02-05
Company: EQUIFAX, INC.
State: FL
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:
Equifax XXXX. XXXX XXXX XXXX XXXX, GA XXXX XXXX Dispute Department XXXX. XXXX XXXX XXXX, Texas XXXX XXXX  XXXX XXXX, XXXX. XXXX  XXXX XXXX, PA XXXX XXXX Please be advised that this is my 11nd / THIRD WRITTEN REQUEST and FINAL WARNING that I fully intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your continued willful and negligent noncompliance. 
Despite my previous written requests for you to provide me with the name of the person in your company who verified that these accounts are accurate and belong on my file, what documentation did they use to verify that these accounts are accurate and belong on my file you ignored my rights and instead told me that you are labeling my dispute as Frivolous. Your actions clearly demonstrate your willful violation of the FCRA and I believe the Courts will agree when I present them with copies of my letters and your responses to them. 
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 deposition. Affidavit of truth of a matter stated and object of verification is to assure good faith in averments or statements of a party. 
You say that your company has reinvestigated these accounts and verified them as being accurate but it is obvious that you have verified nothing. All you have done is parroted information given to you by other sources and shifted the burden back to me to prove that the reported items on the accounts listed below are not valid which is clearly in violation of 1681 ( a ) ( 4 ). 
It is obvious that you dont have any proof on file to verify that these accounts belong on my file. When we go to litigation you will be required to produce the documents you used to verify these items through the discovery process and since you dont have any documents in your files verifying that these items are valid then that will be proof that you did not properly verify the accounts and they will have to be deleted and Ill be entitled to damages.

Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verfied. The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA.

I have provided relevant information about my Identity Theft Report. FCRA 605B ( b ), 15 U.S.C. 1681c-2 ( b ). Such notification by a CRA triggers two obligations for the furnisher. First, under FCRA section 623 ( a ) ( 6 ) ( A ), you must not allowed the furnisher may not continue to report that information to any CRA. FCRA 623 ( a ) ( 6 ) ( A ), 15 U.S.C. 1681s- 2 ( a ) ( 6 ) ( A ). Second, under FCRA section 615 ( f ), it may not sell or transfer that debt to anyone else who would try to collect it. FCRA 615 ( f ), 15 U.S.C. 1681m ( f ) .As required by section 611 of the Fair Credit Reporting Act, 15 U.S.C. 1681i, a copy of which is enclosed, I am requesting that the item ( s ) be removed I demand that you send me copies of the documents you used to verify the following accounts listed below or you delete them immediately. Please provide me with a copy of an updated and corrected credit report showing that these items have been deleted. 
Name of Account : Account Number : Provide Physical Proof of Verification B XXXX XXXX XXXX   XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX   XXXX XXXX XXXX XXXX XXXX/XXXX  XXXX XXXX   XXXX XXXX XXXX XXXX XXXX/XXXX XXXX XXXX Thanking you in advance for your anticipated quick co-operation on this matter. 
Thank you, XXXX, XXXX XXXX SOC SEC # XXXX DOB XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX

Company response to consumer: Closed with explanation